13 March 2001
Source: Digital file from the Court Reporters Office, Southern District of New York; (212) 805-0300.

This is the transcript of Day 17 of the trial, 13 March 2001.

See other transcripts: http://cryptome.org/usa-v-ubl-dt.htm


   2   ------------------------------x


   4              v.                           S(7) 98 Cr. 1023

   5   USAMA BIN LADEN, et al.,

   6                  Defendants.

   7   ------------------------------x

                                               New York, N.Y.
   9                                           March 13, 2001
                                               9:55 a.m.


  12   Before:

  13                       HON. LEONARD B. SAND,

  14                                           District Judge













   1                            APPEARANCES

            United States Attorney for the
   3        Southern District of New York
   4        KENNETH KARAS
            PAUL BUTLER
   5        Assistant United States Attorneys

            Attorneys for defendant Mohamed Sadeek Odeh
  11        Attorneys for defendant Mohamed Rashed Daoud Al-'Owhali

  13        Attorneys for defendant Khalfan Khamis Mohamed

  16        Attorneys for defendant Wadih El Hage











   1            (Trial resumed)

   2            (Jury not present)

   3            THE COURT:  The government has handed me a proposed

   4   advice to the jury with respect to the timing of the trial.  I

   5   take it, Mr. Fitzgerald, that this suggested advice to the

   6   jury is predicated on the signing of various stipulations.

   7            MR. FITZGERALD:  Yes, Judge.

   8            THE COURT:  Have those stipulations been signed?

   9            MR. FITZGERALD:  Some have, not all.  Some are still

  10   being reviewed or in process.

  11            THE COURT:  Why isn't the prudent thing for me to do

  12   to wait, and when the court is advised that all of the

  13   stipulations which materially affect the timing of the case

  14   have been signed and have been introduced in evidence, then I

  15   would give an instruction similar to this to the jury?

  16            I think about the first week in the trial there was

  17   some inquiry from one of the jurors as to whether there was

  18   any change in the estimated duration.  I have not had any

  19   inquiry since.  The worst thing is to raise expectations and

  20   then they are defeated, so I certainly think we should let the

  21   jury know as soon as possible, but I think the prudent thing

  22   is to wait until the stipulations are in fact signed.

  23            Anything else?  The jury may be brought in and the

  24   next witness -- yes.

  25            MR. SCHMIDT:  Your Honor, I had a discussion with Mr.


   1   Fitzgerald yesterday.  Because of the stipulations and the

   2   pace of the government's case, we are starting to outrun our

   3   ability to discuss the stipulations with the government,

   4   because they need to prepare all their witnesses and at the

   5   end of the day they have the evening that they are doing work

   6   and we don't have the time in the evening to sit down with

   7   them and discuss some issues that we would like to resolve

   8   that would help continue to shorten the trial.  Because the

   9   pace is moving so quickly, Mr. Fitzgerald and I thought that

  10   if we could have --

  11            THE COURT:  How about the 21st?

  12            MR. SCHMIDT:  We were hoping to get an afternoon say

  13   tomorrow to work on some stipulations that would be useful for

  14   next week.  That is why we are trying to sort out everything

  15   so that next week runs smoother, but we really need a little

  16   bit of time.

  17            MR. FITZGERALD:  The witnesses for next week possibly

  18   come from Manchester, England, as well as California and

  19   Tanzania.  We have flown people in without knowing what has

  20   been stipulated to, at one point having someone come from

  21   Kenya and not needing to put them on.  Part of the problem is

  22   that I can't talk to Mr. Schmidt about witnesses that we don't

  23   know if we will call.  If we had some time Wednesday or

  24   Thursday, I think we could save time.  One of the things I was

  25   going to suggest is that I realize there may be interregnum


   1   time between the government's case and the defense case but I

   2   think taking one of those days and doing it now would benefit

   3   both the government and the defense.

   4            MR. SCHMIDT:  I don't know about using one of those

   5   days, but if we could have an afternoon to sit down and work

   6   on some of the stipulations, I think it is actually a time

   7   saver rather than a time spender.

   8            THE COURT:  When would you like to do that?

   9            MR. SCHMIDT:  I would propose tomorrow afternoon

  10   would probably be a good time, to have enough time to deal

  11   with next week's issues.

  12            MR. FITZGERALD:  Mr. Ricco has been talking to us

  13   about having his client see Witu originals and then the

  14   documents from Pakistan so that we don't have a delay on

  15   whatever we offer on those matters.  My suggestion would be

  16   either tomorrow or Thursday.  We expect to put on probably a

  17   couple of dozen witnesses between today and tomorrow, but --

  18            THE COURT:  When do you expect to get to Tanzania?

  19            MR. FITZGERALD:  We expect to get substantially

  20   through the Tanzania bombing in the next two days.  Then the

  21   big witness would be Monday, which would be the agent who took

  22   the statements.  But I think the Tanzania bombing and some of

  23   the forensic recovery in the next two days.

  24            MR. SCHMIDT:  If the government prefers Thursday,

  25   that would be fine.


   1            THE COURT:  I would prefer Thursday.  Why don't we

   2   not sit Thursday afternoon.  I think I said at the beginning,

   3   I am aware of the fact that sometimes pushing too hard is

   4   counterproductive.

   5            In a letter covering the transmission of the

   6   government's requests to charge, it was stated that the

   7   government plans to submit something to the court with respect

   8   to instructions to the jury with respect to admissions or

   9   statements made by codefendants.  We spent sometime on that

  10   with respect to Al-'Owhali.  Nothing was said to the jury with

  11   respect to Odeh.  A request was made with respect to the

  12   testimony concerning Odeh's statements.  The issue will come

  13   up again with respect to K.K. Mohamed, and you anticipate that

  14   will be when?

  15            MR. FITZGERALD:  My anticipation would be probably

  16   Monday.

  17            THE COURT:  If the government wants to submit

  18   anything on that, I would like to have that before the

  19   weekend, by Friday.

  20            MR. FITZGERALD:  OK.

  21            THE COURT:  And obviously anything from the

  22   defendants with respect to that issue should be submitted in

  23   writing before the close of business on Friday.

  24            Then I will tell the jury that we are not going to

  25   sit Thursday afternoon, and I think I will say that is to save


   1   time.  And I will defer on anything further with respect to

   2   timing until I am advised that the stipulations have been

   3   signed or they haven't been signed, and what impact their

   4   nonsigning would have on the advice of the jury.

   5            MR. BUTLER:  Your Honor, with the court's permission,

   6   for the next witness I would like to do part of the

   7   examination from over by the Elmo so we can put documents on

   8   the overhead.

   9            (Jury present)

  10            THE COURT:  Good morning, ladies and gentlemen.

  11            JURORS:  Good morning, your Honor.

  12            THE COURT:  We are not going to sit this Thursday

  13   afternoon.  We will sit Thursday morning but we will not sit

  14   this Thursday afternoon.  So we are not sitting this Thursday

  15   afternoon.  We are not sitting on the 21st, which is a

  16   Wednesday.  And on Thursday the 22nd we are going to start a

  17   little later than usual.

  18            The reason we are not sitting Thursday afternoon is

  19   that, talking to the attorneys there are some matters that

  20   they need time to work on, all of which are designed to save

  21   time.  I hope sometime in the near future to give you a better

  22   estimate with respect to timing, and I am optimistic that the

  23   earlier estimates you have been given will prove to be overly

  24   cautious.  But I don't want to make a more definite statement

  25   until we have more information.


   1            So then, we will sit all day today, we sit all day

   2   tomorrow.  Thursday we do not sit in the afternoon.  We sit in

   3   the morning.  We do not sit on the 21st.  On Thursday the

   4   22nd, we will start I think an hour later than originally

   5   scheduled.

   6            The government may call its next witness.

   7            MR. BUTLER:  The government calls Agent Michael

   8   Anticev.


  10        called as a witness by the government,

  11        having been duly sworn, testified as follows:


  13   BY MR. BUTLER:

  14   Q   Agent Anticev, how are you employed?

  15   A   I am employed with the FBI.

  16   Q   How long have you been employed with the FBI?

  17   A   Approximately 10 years.

  18   Q   What office are you assigned to?

  19   A   New York office.

  20   Q   Drawing your attention to August 1998, did there come a

  21   time when you received an assignment to travel to Nairobi,

  22   Kenya?

  23   A   That is correct, closer to the end of the month.

  24   Q   Drawing your attention specifically to September 3, 1998,

  25   where were you working?


   1   A   At the CID, which is the Criminal Investigative Division

   2   of the Kenyan National Police.

   3   Q   Are you familiar with Special Agent Lisa Martin?

   4   A   Yes, I am.

   5   Q   Now Agent Foster?

   6   A   Yes, I am.

   7   Q   Did you speak with her that day?

   8   A   On September 3, yes.

   9   Q   As a result of that conversation, what did you do?

  10   A   I obtained a black briefcase from her.

  11   Q   What did the package look like that you received?

  12   A   Initially it was wrapped in a brown paper.

  13   Q   What did the briefcase look like?

  14   A   It was a black, normal business briefcase.

  15   Q   What did you do once you received the briefcase?

  16   A   I took the briefcase to another room, where I opened it,

  17   initialed and dated all the documents.  With another agent we

  18   photographed everything, logged it, and then photocopied

  19   everything.

  20            MR. BUTLER:  May I approach, your Honor?

  21            THE COURT:  Yes.

  22   Q   Agent Anticev, I place before you what has been admitted

  23   into evidence as Government's Exhibit 900.  Do you recognize

  24   that?

  25   A   Yes, I do.


   1   Q   How do you recognize it?  First, what is it?

   2   A   It is the black briefcase.

   3   Q   The one you received from Agent Martin that day?

   4   A   Yes.

   5   Q   How do you recognize it as the black briefcase that you

   6   received from her that day?

   7   A   I have my initials and it is dated here 9/3/98.

   8   Q   Once again, what did you do with the briefcase after you

   9   opened it?

  10   A   After I opened it, we inventoried all the documents,

  11   photocopied them, photographed them, and I initialed and dated

  12   them.

  13   Q   I place before you what have been previously marked as

  14   Government's Exhibits 901 to 929 for identification.  Agent

  15   Anticev, I just ask you to take one moment and look through

  16   those documents and tell us whether you recognize those

  17   documents?  You can also tell us, if you do recognize them,

  18   how you recognize them?

  19   A   I do recognize these documents.  They have my initials,

  20   are dated 9/3, and they are the documents that were inside

  21   that briefcase.

  22            MR. BUTLER:  Your Honor, I offer Exhibits 901 to 929

  23   at this time.

  24            THE COURT:  Yes.

  25            MR. SCHMIDT:  May I see the documents?


   1            THE COURT:  Have you not seen them before?  Yes, you

   2   may look at them.

   3            MR. SCHMIDT:  We have not --

   4            (Pause)

   5            MR. SCHMIDT:  Thank you.

   6            THE COURT:  Without objection, Exhibits 901 through

   7   929 are received.

   8            (Government's Exhibits 901 through 929 received in

   9   evidence)

  10            MR. BUTLER:  Your Honor, with the court's permission

  11   I am going to continue the examination from the overhead.

  12            THE COURT:  Yes.

  13   Q   Agent Anticev, we are going to place some of these

  14   documents on the screen.  I just ask you to identify what they

  15   are.  First is Government's Exhibit 901.

  16   A   It appears to be a Yemen passport.

  17   Q   Can you read the name on the Yemen passport?

  18   A   It's a little blurry on the screen but Khalid Salim Saleh

  19   Ben Rasheed.

  20   Q   Let's turn to page 6 of the passport.  Do you see a stamp

  21   on 6?

  22   A   Yes, a Pakistani visa.

  23   Q   To the right of the screen, do you see a stamp there?

  24   A   Yes, at the top I can see one that is in Arabic, and there

  25   is another one next to it below, dated July 31, '98 -- if you


   1   can just turn it -- the other way -- from Karachi, from

   2   Pakistan.

   3   Q   Agent Anticev, do you see what is on the screen now,

   4   another stamp?

   5   A   Yes.  On the top it is a Nairobi stamp dated August 2,

   6   '98.

   7   Q   Let's turn to Government's Exhibit 910.

   8   A   It's an i.d. card in Arabic.

   9   Q   Let's go to Government's Exhibit 904.

  10   A   It looks like a health vaccination card from Pakistan,

  11   with the name of Khalid Salim Saleh.

  12   Q   Turning to the middle of that document, can you make out a

  13   stamp on that page?

  14   A   Yes.  It appears to be July, but I can't read the date.

  15   Maybe the 28th of '98.

  16   Q   There you go.

  17   A   Right, July 28, '98.

  18   Q   Could we turn to Government's Exhibit 913, please.

  19   A   That's an airplane ticket.

  20   Q   If we turn to the last page of that airline ticket, what

  21   is the name of the passenger on that airline ticket?

  22   A   It appears to be Saleh Rasheed Salim.

  23   Q   Can you make out the first name there before Saleh, all

  24   the way to the left?

  25   A   From the screen, no.


   1   Q   Let's move down.  Where did the passenger leave from?

   2   A   Left from Lahore to Karachi, on to Muscat, to Nairobi, to

   3   Sanaa.

   4   Q   If we move it over a little, do you see a date in the

   5   upper right-hand corner?

   6   A   Yes, July 28, '98.

   7   Q   Let's go to Government's Exhibit 906, please.  What is

   8   Government's Exhibit 906?

   9   A   It appears to be some type of -- it appears to be a

  10   passport, but --

  11   Q   Let's take a look at the interior pages.

  12   A   Some form of i.d. that is in Arabic.

  13   Q   Let's go to Government's Exhibit 902.

  14   A   That's a passport from the Kingdom of Saudi Arabia.  It is

  15   for Jihad, M period A period Ali.

  16   Q   Can we go to page 19.  What is on the right side of page

  17   19?

  18   A   On page 19 is an immigration stamp from Karachi dated June

  19   19, '98.

  20   Q   If you look on the left side of the page, do you see

  21   another stamp there?

  22   A   The triangular one?

  23   Q   How about the one that is in red?

  24   A   That's the exit one from Karachi.

  25   Q   What is the date again?


   1   A   June 19, 1998.

   2   Q   If we turn to page 21.

   3   A   That appears to be a Kenyan visa and another stamp dated

   4   June 19, 1998, for Kenya.

   5   Q   If we go to Government's Exhibit 908, please.

   6   A   That's another i.d. card in Arabic.

   7   Q   If you look on the back.

   8   A   It says private driver's license for the Kingdom of Saudi

   9   Arabia.

  10   Q   If we go to Government's Exhibit 911, please.

  11   A   That's another i.d. card, also in Arabic.

  12   Q   If you look on the bottom, do you see some English

  13   lettering?

  14   A   Yes, Kingdom of Saudi Arabia, identification card.

  15   Q   If we go to Government's Exhibit 912.

  16   A   That's a Kenyan Airways airline ticket.

  17   Q   If we go to the last page.

  18   A   That's for Mr. Jihad M period A period Ali.

  19   Q   What is the itinerary on that airline ticket?

  20   A   From Karachi to Nairobi to Karachi.

  21   Q   If you look up on the right-hand side of the screen, is

  22   there a date that appears there?

  23   A   Yes, June 16, 1998.

  24   Q   Let's go to Government's Exhibit 903.  What is

  25   Government's Exhibit 903?


   1   A   It's a passport, what appears to be from the Islamic

   2   republic of Comoros.

   3   Q   What is the name on that passport?

   4   A   Fazul Abdullah Mohammed.

   5   Q   Looking at page 2 of the passport, there is a picture that

   6   appears on the bottom left-hand corner, correct?

   7   A   Yes.

   8   Q   Let's go to Government's Exhibit 907.

   9   A   Those are blank Pakistani visa.

  10   Q   If we could go to Government's Exhibit 915.

  11   A   It appears to be an identification card, also in Arabic.

  12   Q   If we could turn that over.  Is there some writing on the

  13   back?

  14   A   Yes, in Arabic and in English.  In English says Alwadi al

  15   Mubarak Company, Ltd. and Gubaa Agriculture Project.

  16   Q   If we go to Government's Exhibit 916.  What is

  17   Government's Exhibit 916?

  18   A   It looks like a receipt from Lyndalian Airfreighters and

  19   Forwarders.

  20   Q   Do you see a name on the receipt?

  21   A   Yes, Fazul Abdallah.

  22   Q   If we look, is there a date that appears there?

  23   A   It appears to be August 6, 1998.

  24   Q   If we could go to Government's Exhibit 918.  What is

  25   Government Exhibit 918?


   1   A   A document referencing a visa for Ahmed Ahmed.

   2   Q   Agent Anticev, I am showing you what have been admitted

   3   into evidence as Government's Exhibits 919 to 929.  Have you

   4   had a chance to review those items?

   5   A   Yes, I did.

   6   Q   What are they?

   7   A   These are all -- they are various airline tickets.

   8   Q   Were you able to review them yesterday?

   9   A   Yes.

  10   Q   Whose name are those airline tickets in?

  11   A   A lot of them belong to Fazul and family members.

  12   Q   To complete the identification of these documents, I show

  13   you what has been admitted into evidence as Government's

  14   Exhibit 905, if you could just identify that item.

  15   A   905 is an international driving permit from Kenya, Uganda,

  16   and Tanzania.

  17   Q   Does it have a name on it?

  18   A   For Mr. Fazul Abdullah Mohammed.

  19   Q   What is Government's Exhibit 909?

  20   A   909 is an i.d. card that is in Arabic, both sides in

  21   Arabic.

  22   Q   How about Government's Exhibit 914?

  23   A   914 is a passport from the Islamic Republic of Comoros.

  24   Q   Is there a name on that passport?

  25   A   Yes, Halima Boudradine.


   1   Q   Lastly, could you identify Government's Exhibit 917.

   2   A   917 is written on Kenyan Airways letterhead and appears to

   3   be a letter.

   4   Q   Agent Anticev, after you logged these documents, what did

   5   you do with them?

   6   A   After I logged them, photographed them, initialed them,

   7   dated them, I put them in the evidence room.

   8            MR. BUTLER:  No further questions, your Honor.

   9            THE COURT:  Any questions of this witness?

  10            Thank you, Agent.  You may step down.

  11            THE WITNESS:  Thank you.

  12            (Witness excused)

  13            MR. BUTLER:  The government calls Agent Michelle

  14   Carr.


  16        called as a witness by the government,

  17        having been duly sworn, testified as follows:


  19   BY MR. BUTLER:

  20   Q   Agent Carr, how are you employed?

  21   A   As a special agent with the FBI.

  22   Q   How long have you been with the FBI?

  23   A   Five and a half years.

  24   Q   What office are you assigned to?

  25   A   The Washington field office.


   1   Q   How long have you been with the Washington field office?

   2   A   Approximately four years.

   3   Q   Are you a member of any particular team?

   4   A   The Evidence Response Team.

   5   Q   Were you one of the members of the Washington Evidence

   6   Response Team that went to Nairobi, Kenya, in August 1998?

   7   A   Yes.

   8   Q   Approximately when did you arrive?

   9   A   The end of August.

  10   Q   To be clear, what was your last name in the end of August

  11   1998?

  12   A   Knop.

  13   Q   Drawing your attention to noon on August 7, 1998, do you

  14   recall where you were on that date?

  15   A   I am sorry.

  16   Q   Drawing your attention to, I am sorry, September 7, 1998,

  17   do you recall where you were on that date?

  18   A   Yes, at approximately noon we were preparing for a search

  19   of a vehicle.

  20   Q   What type of vehicle was that?

  21   A   I recall it was a Datsun pickup, white color.

  22            MR. BAUGH:  If we could ask the witness to use the

  23   microphone.

  24   Q   If we could display what was previously admitted into

  25   evidence as Government's Exhibit 960A.  Do you recognize what


   1   is depicted in 960A?

   2   A   Yes.

   3   Q   What is that?

   4   A   That is the pickup we processed.

   5   Q   Where is that located in CID headquarters; do you recall?

   6   A   It was located within CID under a carport.

   7   Q   Generally, what did you do to search the truck that day?

   8   A   I assisted in taking swabbings of the truck, collecting

   9   evidence from inside the truck, and processing it for

  10   fingerprints.

  11   Q   Before commencing the search, did you do anything to

  12   prepare for your search?

  13   A   Yes.  Swabbings were the first thing we did, so to prepare

  14   for that we put on Ty-Vec suits and gloves.

  15   Q   After you put on the Ty-Vec suits and gloves, what did you

  16   do?

  17   A   We took control swabbings of the suit and gloves.

  18   Q   What did you do after that?

  19   A   Then we began taking the swabbings from the truck.

  20   Q   What parts of the truck did you swab?

  21   A   Areas in the bed of the truck as well as areas inside the

  22   cab of the truck.

  23   Q   What did you do with those swabbings once you took them?

  24   A   Each individual swab was placed in a glass vial.  A lid

  25   was put on the vial and then the vial was put into a small


   1   Ziplock bag.

   2   Q   Did you initial those bags?

   3   A   The bags had our names on them, indicating that we

   4   recovered that particular swabbing.

   5   Q   I am going to show you what have been previously marked as

   6   Government's Exhibits 971, 973, 979, 981, 977, 969, and 975.

   7   I will ask you if you recognize these items?

   8   A   Yes.

   9   Q   What are those items?

  10   A   These are the swabbings that I collected from the truck.

  11            MR. BUTLER:  Your Honor, I move those exhibits into

  12   evidence at this time.

  13            THE COURT:  Received.

  14            (Government's Exhibits 969, 971, 973, 975, 977, 979

  15   and 981 received in evidence)

  16   Q   Just to be clear, what was done with those items of

  17   evidence after you took the swabbings?

  18   A   They were placed in the glass vial, the glass vial was

  19   placed in the plastic bag, we placed all the swabbings in a

  20   box, sealed that, and then secured them in the evidence room

  21   at the CID.

  22   Q   What did you do -- did you handle those swabbings again?

  23   A   Yes.  The next day we unsealed the box that they were in

  24   and individually sealed each vial and each bag with the

  25   evidence tape.


   1   Q   Did you also seize from papers from the truck that day?

   2   A   Yes.

   3   Q   Where did you seize the papers from?

   4   A   They were located in the ashtray in the cab of the truck.

   5   Q   Do you recall what those papers were?

   6   A   Some miscellaneous receipts.

   7   Q   What did you do with those papers?

   8   A   Also I put those in a Ziplock bag, sealed the bag, and

   9   placed that in the evidence room.

  10   Q   I am going to approach with what has been marked as

  11   Government's Exhibits 992A and B and ask if you recognize

  12   that?

  13   A   Yes.

  14   Q   What is Government's Exhibit 992A and B?

  15   A   Receipts, a parking receipt and gas receipt.

  16   Q   Are those the items that you took from the truck that day?

  17   A   Yes.

  18   Q   How do you recognize them?

  19   A   My name is listed on the envelope as being the person who

  20   collected those.

  21            (Continued on next page)






   1   Q   Do you recall taking those from the truck that day?

   2   A   Yes.

   3            MR. BUTLER:  I move Government Exhibit 929A and B

   4   into evidence, your Honor.

   5            MR. SCHMIDT:  May I see those before they go into

   6   evidence, please?

   7            THE COURT:  Yes.

   8            (Pause)

   9            MR. SCHMIDT:  No objection.

  10            THE COURT:  992A and B received.

  11            (Government's Exhibits 992A and B received in

  12   evidence)

  13            MR. BUTLER:  No further questions, your Honor.

  14            THE COURT:  Anything else for this witness?

  15            Thank you, agent.  You may step down.  The government

  16   may call its next witness.

  17            MR. BUTLER:  The government calls agent Susan

  18   Mitchell, your Honor.


  20        called as a witness by the government,

  21        having been duly sworn, testified as follows:


  23   BY MR. BUTLER:

  24   Q   Agent Mitchell, how are you employed?

  25   A   I'm sorry?


   1   Q   How are you employed, Agent Mitchell?

   2   A   I'm employed as a Special Agent with the FBI.

   3   Q   How long have you been with the FBI?

   4   A   For five years.

   5   Q   What office are you located in?

   6   A   The Washington field office.

   7   Q   Are you also a member of the evidence response team from

   8   the Washington field office?

   9   A   I am.

  10   Q   Were you one of the members that was sent to Nairobi,

  11   Kenya in August of 1998?

  12   A   Yes, I was.

  13   Q   Drawing your attention to noon on September 7, 1998, do

  14   you recall where you were on that date?

  15   A   Yes, I was in CID headquarters.

  16   Q   What were you assigned to do at that time?

  17   A   We were assigned to search a white sports utility vehicle.

  18   Q   When you say a sports utility vehicle what?

  19   A   A small white truck.

  20   Q   And what was your role in that search that day?

  21   A   I was photographer and the seizing agent.

  22   Q   What does a seizing agent do?

  23   A   The seizing agent is required to collect the evidence as

  24   it's recovered and then bring that evidence to a cleared

  25   storage facility.


   1   Q   Before conducting the search what preparations did you

   2   take?

   3   A   Two agents were placed in Tyvek suits to protect it

   4   against contamination against the search.

   5   Q   Did you do anything with respect to the Tyvek suits?

   6   A   I assisted the two agents in conducting control swabbings

   7   of their suits, and I collected those control swabbings and

   8   placed them in a glass container, marked them for evidence.

   9   Q   I approach with what has previously been marked as

  10   Government Exhibits 962, 963, 964, 966, 967, 968 and 976 and

  11   ask you if you recognize those items.

  12   A   Yes, I do.

  13   Q   What are they?

  14   A   They are the glass containers holding the controlled swabs

  15   that we took that day from the truck.

  16   Q   How do you recognize them?

  17   A   I recognize them from the containers themselves and the

  18   writing on the envelopes.

  19            MR. BUTLER:  Move for the admission of those exhibits

  20   at this time, your Honor.

  21            THE COURT:  Yes, received.

  22            (Government's Exhibits 962, 963, 964, 966, 967, 968

  23   and 976 received in evidence)

  24   Q   Now, as photographer did you also take photographs of the

  25   truck?


   1   A   I did.

   2            MR. BUTLER:  If we could please display just for

   3   identification purposes what's been previously marked as

   4   Government Exhibit 960C.

   5   Q   Do you recognize what is depicted in Government Exhibit

   6   960C?

   7   A   Yes, the bed of the truck we searched.

   8   Q   Is that a fair and accurate representation of the bed of

   9   the truck?

  10   A   Yes, it is.

  11            MR. BUTLER:  Your Honor, I move Government Exhibit

  12   9606C.

  13            THE COURT:  Received.

  14            (Government's Exhibit 960C received in evidence)

  15   Q   Now, if we can display that.

  16            Agent Mitchell, do you recognize something in the bed

  17   of the truck?

  18   A   Yes, it's a brown burlap covering on the bed of the truck.

  19   Q   When you first encountered the truck was that rug in the

  20   back of the truck?

  21   A   Yes, it was.

  22   Q   What did you do with respect to that rug?

  23   A   I seized the burlap covering and with the assistance of

  24   another agent we cut it in half, marked the cut, placed two

  25   halves into containers and sealed and marked those containers.


   1   Q   I'm going to place before you what has been previously

   2   marked as Government Exhibits 982 and 986 for identification.

   3   I'll ask you whether you recognize these items.

   4   A   Yes, I do recognize them.

   5   Q   What is Government Exhibit 982?

   6   A   982 is, this is the container with the brown burlap, the

   7   half of the brown burlap covering.

   8   Q   How do you recognize Government Exhibit 982?

   9   A   I was able to review the covering inside here and I

  10   recognize it from the container itself and the writing on the

  11   container.

  12   Q   Did you also have an opportunity earlier to examine the

  13   contents?

  14   A   Yes, I did previously I was able to review the items

  15   inside.

  16   Q   And the other exhibit 986, what is 986?

  17   A   This is the knife blade that we used to cut the carpet in

  18   half to place in the two containers.

  19            MR. BUTLER:  Your Honor, I move the admission of

  20   Government Exhibits 982 and 986 at this time.

  21            THE COURT:  Received.

  22            (Government's Exhibits 982 and 986 received in

  23   evidence)

  24   Q   Now, did you also -- were certain items also removed from

  25   the cab area of the truck?


   1   A   Yes.  After we finished the bed of the truck we moved to

   2   the cab of the truck, and the two agents in Tyvek suits then

   3   proceeded to do swabbings.

   4   Q   Do you recall in particular certain items that you removed

   5   from the cab area of the truck?

   6   A   We removed a dashboard cover, carpet-type dashboard cover

   7   and we also removed the floor mats.

   8            MR. BUTLER:  If we could display what has been

   9   previously entered into evidence as Government Exhibit 960B.

  10   Q   Agent Mitchell, if you can just maybe point to the screen

  11   and tell us where the items that you removed came from in the

  12   cab?

  13   A   The dashboard cover is here, the red carpet dashboard

  14   cover we removed that and the driver's side floor mat was

  15   vinyl and we removed that as well.

  16   Q   I place before you what has been previously marked for

  17   identification as Government Exhibits 983, 987 and 989.  Do

  18   you recognize those items?

  19   A   Yes, I do.

  20   Q   How do you recognize them?

  21   A   I had previously been able to review the contents in these

  22   two containers, one being the vinyl floor mat and one being

  23   the dashboard cover, and I also recognize them from the

  24   containers themselves and the writing on the container.

  25            MR. BUTLER:  Your Honor, I move those exhibits at


   1   this time.

   2            THE COURT:  983, 987, 989 received.

   3            (Government's Exhibits 983, 987 and 989 received in

   4   evidence)

   5   Q   Now, lastly, did you seize any papers from the truck?

   6   A   Yes.  After the swabbings were completed and I entered the

   7   truck to do a search I did seize documents from the vehicle.

   8   Q   Do you recall what documents you seized from the vehicle?

   9   A   Yes.  There were two insurance documents in the glove box

  10   of the vehicle.

  11   Q   I put before you what has been previously marked as

  12   Government Exhibit 991A and B for identification.  Do you

  13   recognize Government Exhibit 991A and B?

  14   A   Yes, I do.  It's insurance certificate in the name of

  15   Fahid Mohamed Ally.

  16   Q   How do you recognize it?

  17   A   I recognize it, I recognize the documents and I recognize

  18   the writing on the envelope.

  19            MR. BUTLER:  I would move Government Exhibits 991A

  20   and B at this time, your Honor.

  21            THE COURT:  Yes.  Received.

  22            (Government's Exhibits 991A and B received in

  23   evidence)

  24   Q   Now, after you collected all of this evidence what did you

  25   do with it?


   1   A   As seizing agent I collected all the evidence and brought

   2   it to the secure temporary evidence storage facility there in

   3   CID headquarters.

   4            MR. BUTLER:  No further questions.

   5            THE COURT:  Anything?

   6            MR. WILFORD:  Yes, your Honor.

   7            THE COURT:  Yes, Mr. Wilford on behalf of the

   8   defendant Odeh.


  10   BY MR. WILFORD:

  11   Q   Good morning, Agent Mitchell.

  12   A   Good morning.

  13   Q   How you doing?

  14   A   I'm doing well.

  15   Q   Good.  Now, when you were in Kenya you just mentioned the

  16   temporary secure storage facility.  That was located inside

  17   CID headquarters?

  18   A   Yes, it was.

  19   Q   And that was a room that was designated by the CID for the

  20   use of the FBI and for evidence collection and storage?

  21   A   Correct.

  22   Q   Now, you had a key to that room, isn't that correct?

  23   A   I did.

  24   Q   Did anybody else have a key to that room?

  25   A   It was my understanding that the Special Agent in charge


   1   had a key as well as the CID representative.

   2   Q   Who was the Special Agent in charge?

   3   A   Sheila Horan.

   4   Q   And who was the CID representative who had a key?

   5   A   I was not provided that name.

   6   Q   Do you know his rank or her rank?

   7   A   No.

   8   Q   Did you ever meet the person?

   9   A   No, I did not.

  10   Q   Now, when you were provided the key you were provided a

  11   key by Special Agent Horan, isn't that correct?

  12   A   I don't recall who I was provided the key by.  It was a

  13   member.  It could have been a member of our ERT team who was

  14   previously there. I don't recall.

  15   Q   Now, the CID also had access to that room, is that

  16   correct?

  17   A   That's true.

  18   Q   And did they come and go out of that room?

  19   A   No, I never, I never encountered them coming in and out of

  20   that room.  They did have a representative did have a key, but

  21   I never encountered them coming in and out of that room.

  22   Q   But you weren't at the room twenty-four hours though, is

  23   that correct?

  24   A   No, I was not.

  25   Q   And it was located in CID headquarters, isn't that


   1   correct?

   2   A   We were in Kenya, yes.

   3   Q   There wasn't a guard or anything posted outside of the

   4   door was there?

   5   A   No, it was a locked room but no guard.

   6   Q   Was there any type of log in and log out procedure in

   7   effect at the temporary secure storage facility for evidence?

   8   A   Yes, there was.

   9   Q   Who maintained the log?

  10   A   The ERT team and it was myself as the leader maintained

  11   that log.

  12   Q   So you personally maintained the log?

  13   A   Yes.

  14   Q   Nothing went in or went out without being signed and then

  15   you knowing about?

  16   A   Correct.

  17            MR. WILFORD:  Thank you.  Nothing further.

  18            THE COURT:  Thank you, agent.  You may step down.

  19            MR. BUTLER:  I'm sorry.  One question, your Honor.


  21   BY MR. BUTLER:

  22   Q   As far as your maintaining the key your oversight of the

  23   evidence room, when did that begin?

  24   A   Approximately August 27th.  I arrived in country on August

  25   27th.


   1            MR. BUTLER:  No further questions, your Honor.

   2            MR. WILFORD:  Judge, just if I may.


   4   BY MR. WILFORD:

   5   Q   Agent Mitchell, to your knowledge was the secure facility

   6   set up before the 27th?

   7   A   Yes, it was as far as, it was set up when I arrived.

   8   Q   So someone else had the key before you got there?

   9   A   Yes.

  10            MR. WILFORD:  Thank you.

  11            (Witness excused)

  12            MR. KARAS:  Your Honor, the government calls Mitchell

  13   Hollars.


  15        called as a witness by the government,

  16        having been duly sworn, testified as follows:


  18   BY MR. KARAS:

  19   Q   Good morning, sir.

  20   A   Good morning.

  21   Q   If you could tell us what you do for a living?

  22   A   I'm employed by the Federal Bureau of Investigation in the

  23   latent print unit.

  24   Q   For how long have you been with the Federal Bureau of

  25   Investigation?


   1   A   For almost 25 years.

   2   Q   How many of those twenty-five years have you been in the

   3   latent print unit?

   4   A   Sixteen.

   5   Q   What is your title currently?

   6   A   Fingerprint specialist.

   7   Q   Can you tell us a little bit about the training you've

   8   received in fingerprints?

   9   A   Sure.  I first had a 13 week course for the

  10   classification, comparison and identification of inked

  11   fingerprints.  I then had one year training in the location,

  12   the preservation, the development and comparison of latent

  13   fingerprints.

  14            Since that time I've attended numerous educational

  15   seminars sponsored by the International Association for

  16   Identification or the IAI as well as local and state chapters

  17   of the same organization.  I attended a one-week course that

  18   dealt in the comparison and identification of palm prints

  19   which was taught by the Mississippi state crime lab.  I've

  20   also attended or participated in exchange visits with the Home

  21   Office in England, the RCMP, the Royal Canadian Mounted Police

  22   in Canada, as well as the Baltic states, and attended

  23   international symposiums on latent print development as well.

  24   Q   Have you published articles regarding latent print

  25   detection?


   1   A   Yes.

   2   Q   Have you participated in the training of others yourself?

   3   A   Yes.

   4   Q   Now, can you tell the jury what an inked fingerprint is?

   5   A   On the underneath side of your fingers or palms there is

   6   raised portions of skin which is referred to as friction ridge

   7   skin.  And inked fingerprint is a recording of this friction

   8   ridge skin.  It's usually accomplished by applying a thin film

   9   of black printer's ink and then transferring this image to a

  10   fingerprint card.  It can also be recorded electronically.

  11   Q   Can you tell us what a latent fingerprint is?

  12   A   A latent fingerprint is a reproduction of the same

  13   friction ridges left whenever an item has been touched.

  14   Latent print's usually invisible, it's left by chance, when

  15   you have handled something.  Latent prints are usually

  16   invisible and they will need some type of development

  17   technique to make the prints visible.

  18   Q   Now, can you describe for us the processes that you use to

  19   develop latent fingerprints on both nonporous and porous

  20   items?

  21   A   All specimens are at first examined using a visual

  22   examination, because sometimes a contaminant may be present on

  23   fingers and transfers this image to that item.  The second

  24   process is the laser or an alternate light source examination

  25   which will cause a fingerprint if it's contaminated with


   1   certain B vitamin components, for instance, because it's flesh

   2   when it's exposed to a laser light or an alternate light

   3   source.  After those two examinations have been completed,

   4   specimens are separated according to substrate or specimen

   5   type, meaning a porous or a nonporous.  Nonporous is a surface

   6   somewhat like a glass, painted wood, et cetera, where the

   7   prints left on the surface itself.

   8            Those processes that we use at that point would be

   9   first the Cyanoacrylate process or the super glue process,

  10   followed by a fluorescent dye which will adhere to the super

  11   glue, and then when that item is exposed to a laser and an

  12   alternate light source, the prints will then fluoresce.

  13            The next step would be to apply a fingerprint powder.

  14   If it's a porous item, after the visual and laser exams have

  15   been conducted we first use the DFO process which will react

  16   with amino acids present in a fingerprint and when this item

  17   has been exposed to the light source the prints tend to

  18   fluoresce.

  19            The next process would be the Ninhydrin process which

  20   also reacts with amino acids that are present, but causes the

  21   print to develop usually a pink or purple color.  The next

  22   process will be the physical developer process which reacts

  23   with lipid identifications or the fat that's present in the

  24   fingerprint residue and would develop those prints.

  25   Q   Mr. Hollars, you mentioned porous items.  Can you tell us,


   1   give us some examples of porous items?

   2   A   Porous is paper, cardboard, untreated wood, any substance

   3   that the print would actually be absorbed into the specimen.

   4   The best scenario is if you put a drop of water on it and you

   5   saw it absorb that water that would be considered a porous

   6   item.  If it beaded on the surface it would be a nonporous

   7   item.

   8   Q   Mr. Hollars, did there come a time when you were asked to

   9   compare or assist in the comparison of latent prints with

  10   inked prints in connection with the embassy bombing in

  11   Nairobi, Kenya?

  12   A   Yes.

  13            MR. KARAS:  May I approach the witness, your Honor?

  14            THE COURT:  Yes.

  15   Q   Now, Mr. Hollars, I placed before you what have been

  16   marked for identification as Government Exhibits 931, 994,

  17   789, 697, 584 and 711.  Can you tell us what those are,

  18   please?

  19   A   It's a summary of the results of the examinations that

  20   were conducted in connection with this case.

  21   Q   Did you compare those summaries with the notes and the

  22   reports you prepared detailing the comparisons of latents and

  23   inked fingerprints?

  24   A   Yes.

  25   Q   And do those summaries accurately reflect the results of


   1   your comparison?

   2   A   Yes.

   3   Q   Or I should say some of your comparisons?

   4   A   Some of them, yes.

   5            MR. KARAS:  Your Honor, we offer Government Exhibits

   6   931, 994, 789, 697, 584 and 711.

   7            MR. BAUGH:  No objection.

   8            THE COURT:  Received.

   9            (Government's Exhibits 931, 994, 789, 697, 584 and

  10   711 received in evidence)

  11   Q   Now, Mr. Hollars, if you could turn to, and if we could

  12   display the first page of 931, and if you could just focus for

  13   a minute on the very top the listing of the columns, and first

  14   at the top you see where it says Harun's house.

  15            The description there, is that something that's based

  16   on your knowledge or what you were told?

  17   A   It's what I was told.

  18   Q   And the first column there, FBI number, can you tell us

  19   how that's assigned?

  20   A   Whenever we receive a specimen or a piece of what's

  21   evidentiary evidence to examine it has to be assigned a

  22   number, a tracking number that will follow it throughout our

  23   system.  It's either assigned a K or a Q number, accordingly.

  24   Q   And can you tell us about the column labeled, item

  25   description?


   1   A   This is a description that was given to the item before it

   2   was submitted to me.

   3   Q   And the next column, processes?

   4   A   The processes are the processes that I used in connection

   5   with that particular Q or K item.

   6   Q   And those are the processes you described earlier?

   7   A   Yes.

   8   Q   And the column labeled, number of prints I gather means

   9   the number of prints you found on the item?

  10   A   That's correct.

  11   Q   The next column where it says, number of IDs, could you

  12   explain that please?

  13   A   The number of IDs indicate the number of prints.  Even

  14   though there was three prints that were developed on that

  15   item, only two of those prints were identified with an

  16   individual.

  17   Q   And the person who was identified is that the last column?

  18   A   That's correct.

  19   Q   Now, taking a look at that first row, FBI number K33 and

  20   Government Exhibit 903, the column under processes can you

  21   tell us what SG stands for?

  22   A   It's just an abbreviation for super glue or the

  23   cyanoacrylate process.

  24   Q   And the initials there NIN?

  25   A   It's abbreviation for the Ninhydrin process.


   1   Q   And below that where it says tape in parenthesis, and then

   2   ram and PWD?

   3   A   It could be the ram stands for the fluorescent dye that

   4   was used in this particular assistance.  It's a combination of

   5   rotamin and MBD and then the PWD is an abbreviation for

   6   fingerprint powder.

   7   Q   Now, the next column over where it says page 3, ID number

   8   1, and then later on page 20, ID number 6, can you explain

   9   where it says ID number 1 and ID number 6?

  10   A   Sure.  An inked fingerprint card when the prints are

  11   recorded they start with the right thumb and give that the

  12   designation of number 1 through the little finger which is

  13   number 5.  The exact same thing is done with the left hand

  14   with the left thumb being number 6 and the left little being

  15   number 10.  That indicates the finger number that that print

  16   was actually identified with.

  17   Q   Now, if we could turn to page 2 of Government Exhibit 931.

  18   And focus on the last row there that begins K405.1.

  19            Mr. Hollars, if you could just tell us the, describe

  20   for us the fourth column, the processes that you used to

  21   identify the fingerprint in that row?

  22   A   The V stands for the visual examination.  The L stands for

  23   the laser or alternate light source examination.  DFO is the

  24   fluorescent compound that reacts with the amino acids and the

  25   N is just an abbreviation for the Ninhydrin process.


   1   Q   And on that row does that indicate that you found one

   2   print for Mohamed Rashed Daoud Al-'Owhali?

   3   A   Yes.

   4   Q   Mr. Hollars, I'm going to approach and show you what has

   5   been marked for identification as Government Exhibit 913-LP.

   6   Can you tell us what that exhibit is?

   7   A   It's an enlargement, one showing the latent print that was

   8   developed on this K405.1 and the other is an enlargement of

   9   the corresponding area of the inked fingerprint that appeared

  10   on the fingerprint card it was identified with.

  11   Q   And according to the summary chart it's ID number 1 so

  12   that would be the --

  13   A   The right thumb.

  14            MR. KARAS:  Your Honor, we offer Government Exhibit

  15   913-LP.

  16            THE COURT:  Received.

  17            (Government's Exhibit 913-LP received in evidence)

  18            MR. KARAS:  Your Honor, may I ask that Mr. Hollars

  19   step down?

  20            THE COURT:  Yes.

  21            MR. KARAS:  Mr. Hollars, would you like to step down.

  22            (Witness left stand)

  23   Q   Now, Mr. Hollars, if you could explain to the jury the

  24   comparison that's contained in the enlarged print there that's

  25   in that exhibit?


   1   A   Sure.  The chart that appears on your right is an

   2   enlargement of the latent print that was developed on item

   3   K405.1.  The one on your left marked ink fingerprint

   4   represents the corresponding area of the right thumb

   5   impression appearing on the card with the name of Al-'Owhali.

   6            The black lines represent the friction ridges that I

   7   spoke of earlier.  The white spaces represent the furrows or

   8   the area of the plane friction ridges as appear on fingers.

   9   The red lines and numbers are placed there to indicate some of

  10   the corresponding characteristics that appear in the two

  11   prints.

  12            Now, when doing an identification the first thing we

  13   take into consideration is the ridge flow, ridge structure,

  14   ridge direction.  For instance, this one indicates a

  15   whirl-type pattern.  The first analysis that we would do would

  16   be to look for a fingerprint that has a whirl-type pattern.

  17            You further break that down then into the

  18   characteristic being a ridge that will end, a ridge that will

  19   divide into two ridges or a dot.  These points or these

  20   characteristics should appear in the same location in the two

  21   prints as well as the unit relationship being if there is two

  22   ridges between point 1 and 2 and 1.  There should be two

  23   ridges between point 1 and 2 in the second one.  That's how we

  24   go about doing our comparison.

  25            So beginning in the chart marked latent fingerprint


   1   we have a ridge that ends in the upper center of the

   2   photograph.  It's marked as point number 1.  From point number

   3   1 moving across one ridge to the second ridge, this ridge also

   4   ends which is marked as point number 2.  From point number 2

   5   moving to the right across one, two, three, four, five, six

   6   ridges, we find a ridge that ends which is marked as point

   7   number 3.

   8            Moving to the chart marked inked fingerprint in the

   9   upper center portion of the fingerprint is a ridge that ends,

  10   which is marked as point number 1.  From point number 1,

  11   moving to the left across one ridge is another ridge that ends

  12   which is marked as point number 2.  From point number 2 moving

  13   to the right across the six ridges we find a ridge that ends

  14   which is marked as point number 3.

  15            The same prints in the same relative position on the

  16   fingerprint as well as the same unit relationship has appeared

  17   in these three characteristics.  Point number 3 continuing

  18   with the ink fingerprint, we tried to locate additional points

  19   or characteristics that are present.

  20            Moving to the left across four ridges we have a ridge

  21   that ends which is marked as point number 4.  From point

  22   number 4 moving downward we have a short ridge, one end of

  23   which is marked as point number 5.  The other end which is

  24   marked as point number 6.  Moving to the left across one ridge

  25   we have another ridge that ends which is marked as point


   1   number 7.

   2            Going to the latent fingerprint we should find the

   3   same characteristics.  So moving across the four ridges from

   4   point number 3 we find point number 4, which is a ridge that

   5   ends in an upward direction.  Following point number 4

   6   downward we find a short ridge, one end of which is marked as

   7   point number 5, the second which is marked as point number 6.

   8            Moving from the short ridge to the left across one

   9   ridge we have a ridge that ends which is marked as point

  10   number 7.  Using this method of comparison points that I

  11   illustrated as well as others that are not marked in these two

  12   photographs that I determined that the latent print that was

  13   developed on K405.1, and the right thumb impression that

  14   appeared on the fingerprint card bearing the name of

  15   al-'Owhali were made by one and the same individual.

  16   Q   Now, the indication up to 13 represents that you found 13

  17   identical points of comparison?

  18   A   No.  I marked 13.  There is additional ones that are

  19   present.

  20   Q   And typically how many points of identification in common

  21   do you require before you determine that the fingerprints are

  22   identical?

  23   A   Seven.

  24   Q   Now, I'd like to show you what has been marked for

  25   identification as Government Exhibit 696-LP.  Is that an


   1   enlargement of a comparison between the inked fingerprint

   2   identified as Mr. Odeh and a latent fingerprint that was

   3   marked as Q788.5?

   4   A   Yes.

   5   Q   Now, if you could explain to the jury the basis upon the

   6   comparison that is contained in 696?

   7   A   Sure.  Once again the black lines represent the friction

   8   ridges.  The red lines numbers just point out some of the

   9   characteristics that are present in the two photographs.

  10            We'll begin with the chart marked latent fingerprint.

  11   This is an enlargement of fingerprint that was present on a

  12   lift which is designated Q788.5.  Beginning in the upper

  13   center of the photograph there is a ridge that ends which is

  14   marked as point number 1.  Moving downward across the five

  15   ridges or six ridges -- five ridges, there is a ridge that

  16   ends which is marked as point number 2.  Directly underneath

  17   point number 2 is a short ridge, the upper end of which is

  18   marked as point number 3.

  19            Moving to inked fingerprint in the upper center

  20   portion is a ridge that ends which is marked as point number

  21   1.  From point number 1 moving down across the five ridges we

  22   have a ridge that ends which is marked as point number 2.

  23   Directly underneath point number 2 is a short ridge, the upper

  24   end of which is marked as point number 3.

  25            Moving to the right, we'll continue with the inked


   1   fingerprint, and this represents the right thumb print as it

   2   appears on the fingerprint card bearing the name of Mr. Odeh.

   3            From point number 3, moving to the right we see a

   4   ridge that divides into two ridges.  This is marked as point

   5   number 4.

   6            Directly underneath 4 with one intervening ridge is

   7   another ridge that divides, which is marked as point number 5.

   8   We follow the lower portion of that ridge to the left dropping

   9   down two ridges, we have a ridge that ends which is marked

  10   point number 6.

  11            From point number 6 moving upward across one ridge we

  12   have an ending ridge which is marked as point number 7.  Going

  13   back to the latent fingerprint, from point number 3, moving to

  14   the right we have a ridge that divides into two ridges, which

  15   is marked as point number 4.

  16            From point number 4 dropping down across one

  17   intervening ridge, the ridge that divides into two, which is

  18   marked as point number 5.

  19            Following the lower ridge from point number 5 to the

  20   left, dropping down across two ridges is a ridge that ends

  21   which is marked as point number 6.  From point number 6 moving

  22   upward across one ridge we have a ridge that ends which is

  23   marked as point number 7.

  24            So once again using these characteristics that I've

  25   marked illustrated some additional ones that are unmarked in


   1   these two photographs and using this method of comparison that

   2   I determined that the latent prints that was present on the

   3   lift marked as Q788.5 and the right thumb impression that per

   4   on the fingerprint card bearing the name of Mr. Odeh were made

   5   by one and the same individual.

   6            MR. KARAS:  Thank you, Mr. Hollars.

   7            Your Honor, at this time we offer Government Exhibits

   8   696LP.

   9            MR. BAUGH:  No objection.

  10            THE COURT:  Received.

  11            (Government's Exhibit 696LP received in evidence)

  12            (Witness resumed stand)

  13            MR. KARAS:  Your Honor, we have a stipulation that

  14   Q788.5 which was the subject of the enlargement is the latent

  15   print lift that was testified to by Agent John Hughes

  16   yesterday afternoon.

  17            I have no further questions.

  18            MR. WILFORD:  Your Honor, I have some questions.

  19            THE COURT:  Yes.


  21   BY MR. WILFORD:

  22   Q   Good morning, Agent Hollars.

  23   A   Good morning.

  24   Q   How are you?

  25   A   I'm fine.


   1   Q   Sir, you conducted along with Agent Belcastro several

   2   examinations of latent fingerprints that were recovered from

   3   Kenya, isn't that correct?

   4   A   That's correct.

   5   Q   And during the course of those comparisons what methods

   6   did you use?

   7   A   What methods did I use for comparison?

   8   Q   Comparting the prints?

   9   A   The method that I just illustrated is the method that we

  10   used to do a comparison an actual comparison, the same method

  11   I demonstrated to you just a second ago.

  12   Q   That's strictly a visual comparison?

  13   A   Are you asking the processes?

  14   Q   The processes that you used?

  15   A   Okay.  On a particular item?

  16   Q   Yes.

  17   A   Which particular item?

  18   Q   Well, for instance, there was a latent print that you

  19   examined, K538.  It's not one that you testified about on

  20   those charts.  This is K538.  Would you like to see the report

  21   to refresh your recollection or are you prepared to testify

  22   about it?

  23   A   It would help if I may see the report.

  24            MR. WILFORD:  Your Honor, may I approach the witness?

  25            THE COURT:  Yes.


   1   Q   I'm showing the witness what is previously marked 3522-3.

   2            (Pause)

   3            THE COURT:  Is there a pending question?

   4            MR. WILFORD:  He was referring to the report, your

   5   Honor.

   6   Q   Have you had an opportunity to complete your reference to

   7   the report?

   8   A   Yes.

   9   Q   What processes did you undertake in examining the latent

  10   print, that particular latent print K538?

  11   A   The particular print that's present here?

  12   Q   Yes.

  13   A   I do not know the process that was used to develop it.

  14   It's not indicated in the report.

  15   Q   Well, during the course of your examination of all these

  16   latent prints what processes were used?

  17   A   The processes that were used on this book would have been

  18   the visual examination, the laser or inherent fluoresce

  19   examination and at least a Ninhydrin process.

  20   Q   Did you use any kind of computer comparative analysis?

  21   A   No.

  22   Q   Now, sir, the latent print that was recovered from, that

  23   has been designated as K538 that was a print that was

  24   recovered from an exercise book that was recovered in Mr.

  25   Odeh's home, isn't that correct?


   1   A   I do not recall.

   2   Q   Take a look at that document.

   3   A   It still doesn't indicate where it was retrieved from.

   4   Q   Look at the third page, please.

   5   A   Third page just states that it was a faded blue book

   6   marked exercise book.

   7   Q   Okay.

   8            MR. WILFORD:  If I may have a moment to approach the

   9   witness?

  10            THE COURT:  Yes.

  11   Q   Showing you the witness 3523-5.  The book was marked Crown

  12   exercise book, right?

  13   A   That's correct.

  14   Q   And on that book a fingerprint was recovered; is that

  15   correct?

  16   A   That's correct.

  17   Q   And you did an analysis to compare that fingerprint to Mr.

  18   Odeh's fingerprint, isn't that correct?

  19   A   Yes.

  20   Q   And as a result of that comparison that print, the latent

  21   print you recovered did not match Mr. Odeh, isn't that

  22   correct?

  23   A   That's correct.

  24   Q   Now, sir, you also lifted a print which was known as

  25   K554.3.  Do you remember that?  Not lifted, but compared that


   1   print.  And that's -- I think you have that one up there,

   2   don't you?

   3   A   Yes.

   4   Q   That's the chart that you have, right?  554, is that your

   5   chart?

   6   A   That's correct.

   7            MR. WILFORD:  Could we have that displayed.

   8   A   It's not a chart.  This chart here.

   9   Q   What number is that?

  10   A   It's exhibit 711.

  11            MR. WILFORD:  Could we have 711, please.

  12   Q   And you did a comparison of that latent print; is that

  13   correct?

  14   A   That's correct.

  15   Q   And you compared it to Mr. Odeh's, isn't that correct?

  16   A   I do not recall.

  17   Q   Well, who did you compare it to?

  18   A   Once the print was identified it was not compared with

  19   anyone after that point.

  20   Q   So you had a person that it was identified as belonging

  21   to, isn't that correct?

  22   A   On K554.3, yes.

  23   Q   And that particular item is identified as being

  24   Mr. Moustafa Ali Haf's print, isn't that correct?

  25   A   Yes.


   1   Q   Ali Elbishy I'm sorry?

   2   A   Ali Elbishy.

   3   Q   Isn't it a fact, sir, that those prints were recovered

   4   from the residence of Mohammed Odeh?

   5   A   I don't know.

   6            MR. WILFORD:  May I approach the witness with 3522-5.

   7   Q   Does that refresh your recollection, sir?

   8   A   Yes.

   9   Q   Could you give us an answer?

  10   A   The indications are that this item, K554.3 was recovered

  11   from the residence of Odeh.

  12   Q   Now, sir, did you have an opportunity to examine latent

  13   fingerprints that were recovered from airline tickets and

  14   passports?

  15   A   Yes.

  16   Q   And during the course of that examination did you recover

  17   any fingerprints that were matched to Mr. Odeh?

  18   A   None that I recall, no.

  19   Q   Now, did you have an opportunity, sir, to conduct a

  20   comparison of prints, latent prints that were recovered from a

  21   Teach Yourself Swahili book?

  22   A   Yes.

  23   Q   Do you remember that?

  24   A   Somewhat, yes.

  25   Q   And that book was recovered from Mr. Odeh, isn't that


   1   correct?

   2   A   Once again I don't recall.

   3            MR. WILFORD:  Your Honor, if I may have just one

   4   moment.  I'm sorry.

   5            (Pause)

   6            The government will stipulate that was in fact

   7   recovered from Mr. Odeh.

   8   Q   Now, during the course of that comparison you had 40

   9   latent prints to compare, isn't that correct?

  10   A   I don't recall the exact number.

  11            MR. WILFORD:  May I approach the witness, your Honor?

  12            THE COURT:  Yes.

  13   Q   Showing the witness 3522-49.  Does that refresh your

  14   recollection, sir?

  15   A   Yes.

  16   Q   There were about 40 latents that you had to work with?

  17   A   Not just on that book itself.  There were two items.

  18   Q   Two items?

  19   A   Yes.

  20   Q   And 25 of them matched Mr. Odeh, isn't that correct?

  21   A   That's correct.

  22   Q   And what was the other item that the prints came off of?

  23   A   It was Umsofa magazine.

  24   Q   Some kind of magazine?

  25   A   Yes.


   1   Q   Now, during the course of your investigation you examined

   2   fingerprints from -- withdrawn -- from a wide variety of

   3   locations, isn't that correct, from Kenya, from people's

   4   homes, from vehicles, a wide array of locations, isn't that

   5   correct?

   6   A   The indications were it was from a different area.  We did

   7   all in Washington, I did.

   8   Q   I know you don't know personally where they came from

   9   because you didn't lift them, but you received from that

  10   report and you relied on that, is that correct?

  11   A   That's right.

  12   Q   These came from various locations in Kenya, from people's

  13   homes, from vehicles from people's personal possessions, isn't

  14   that correct?

  15   A   That's correct.

  16   Q   And that, in fact, occurred not only with items that were

  17   seized or found in August of 1998, but also in September of

  18   1998, and items that were also seized in 1999.  Isn't that

  19   correct?

  20   A   Yes, pretty much so.

  21   Q   And through all of those examinations would it be fair to

  22   say that the people who owned or possessed these items all had

  23   Arabic names?

  24   A   If I recall, yes.

  25            MR. WILFORD:  Thank you.  Nothing further.


   1            MR. BAUGH:  No questions.

   2            MR. KARAS:  Brief redirect, your Honor.


   4   BY MR. KARAS:

   5   Q   Now, Mr. Hollars, you were asked some questions about the

   6   exhibit marked as FBI number K538.  Do you recall that?

   7   A   538?

   8   Q   Yes.

   9   A   Yes.

  10   Q   And that's the exercise book according to the report?

  11   A   Correct.

  12   Q   Within that document you only found one identifiable

  13   latent print; is that correct or not?

  14   A   That's correct.

  15   Q   And where, on which page was that one print found?

  16   A   It was on page 1.

  17   Q   Now, if somebody touches something, even a piece of paper

  18   do they always leave a fingerprint?

  19   A   No.

  20   Q   But you were asked the question about another document

  21   where you identified the print of a Moustafa Ali Elbishy.  Do

  22   you recall that?

  23   A   Yes.

  24   Q   And you indicated that once you identified the print as

  25   belonging to Mr. Elbishy you stopped doing any other


   1   comparison.  Can you tell us why?

   2   A   Fingerprints are permanent and are individually unique.

   3   Fingerprint is permanent in the fact that these ridges are

   4   formed before birth and they are going to remain the same

   5   throughout your life, so they are individually unique and this

   6   ridge arrangement as I demonstrated to you there, is unique

   7   not only to the individual, but to an individual finger of an

   8   individual.

   9            So once the print is identified it would not be

  10   identified with someone else at that point.

  11            MR. KARAS:  Thank you.  No further questions.

  12            MR. WILFORD:  If I may, your Honor?

  13            THE COURT:  Yes.


  15   BY MR. WILFORD:

  16   Q   With respect to exhibit K538, you did compare those prints

  17   however to Mr. Odeh, isn't that correct?

  18   A   Yes.

  19   Q   And there was no match?

  20   A   No match.

  21   Q   And, sir, you did in fact compare the prints that you

  22   recovered in the book that was seized from Mr. Odeh Teach

  23   Yourself Swahili, isn't that correct?

  24   A   Would you repeat that?

  25   Q   The book that was seized from Mr. Odeh, Teach Yourself


   1   Swahili, you did compare the books on this print, right?

   2   A   Yes.

   3   Q   And they did in fact match Mr. Odeh?

   4   A   Yes.

   5   Q   25 times, isn't that correct?

   6   A   Twenty-five, yes.

   7            MR. WILFORD:  Thank you sir.  Nothing further.

   8            MR. KARAS:  Very brief, your Honor.


  10   BY MR. KARAS:

  11   Q   Mr. Hollars, the exhibit K538 how many identifiable prints

  12   did you find in that document?

  13   A   One.

  14   Q   And when you made the comparison did you compare that one

  15   print to several individuals in addition to Mr. Odeh?

  16   A   Yes.

  17   Q   Can you tell us some of the individuals -- well, let me

  18   ask you this, did you compare it to Mr. Moustafa Ali Elbishy?

  19   A   Yes.

  20   Q   And did you compare the prints to Abdilahi Mohamed Fazul?

  21   A   Yes.

  22   Q   And did you compare the prints to Fahid Mohamed Ally?

  23   A   Yes.

  24   Q   Did you compare the prints to Sheikh Ahmed Salim Swedan?

  25   A   Yes.


   1   Q   Did you find any identifications among those individuals?

   2   A   No.

   3            MR. KARAS:  Nothing further.

   4            MR. WILFORD:  The final question I have, your Honor.


   6   BY MR. WILFORD:

   7   Q   You have no idea who that print belongs to, is that

   8   correct, sir?

   9   A   No.

  10            MR. WILFORD:  Thank you.

  11            THE COURT:  Thank you, agent.  You may step down.

  12            (Witness excused)

  13            THE COURT:  We'll take our mid-morning recess.

  14            (Recess)

  15            (Continued on next page)












   1            (Jury present)

   2            THE COURT:  The government may call its next witness.

   3            MR. KARAS:  Your Honor, the government calls Kelly

   4   Mount.

   5    KELLY MOUNT,

   6        called as a witness by the government,

   7        having been duly sworn, testified as follows:


   9   BY MR. KARAS:

  10   Q   Good afternoon.  Can you tell us how you are employed.

  11   A   I am employed as a forensic chemist with the FBI

  12   laboratory.

  13   Q   For how long have you been a forensic chemist?

  14   A   Almost 15 years now.  In June it will be 15 years.

  15   Q   All with the FBI?

  16   A   All with the FBI.

  17   Q   Can you tell us a little about your educational

  18   background.

  19   A   I have a bachelor of science degree in chemistry from East

  20   Kentucky University, as well as a master's in forensic science

  21   from George Washington University.

  22   Q   Can you tell us about some training you received in

  23   chemistry since your formal education.

  24   A   Certainly.  Since I have been at the FBI these past 15

  25   years now, I have had numerous occasions to attend various


   1   courses which are related to various analytical techniques

   2   that we use in the laboratory, both classes taught at the FBI

   3   academy as well as with various vendors, instrument-specific

   4   manufacturers.  Also during that time I have had occasion,

   5   many occasions to attend numerous conferences which are

   6   related to various scientific areas, including explosives

   7   analysis.

   8   Q   Have you made presentations yourself at some of these

   9   conferences?

  10   A   I certainly have, yes.

  11   Q   Have you published any articles in the field of chemistry?

  12   A   Yes, I have.  I have coauthored a number of papers in the

  13   area of explosives analysis which have appeared in various

  14   scientific journals.

  15   Q   Can you briefly describe for us the difference between a

  16   low explosive and a high explosive?

  17   A   Yes.  A low explosive is an explosive which we use the

  18   term it deflagrates.  It burns.  Also, the reaction, the

  19   chemical reaction that takes place within the explosives

  20   travels at a rate less than the speed of sound.

  21   Q   And a high explosive?

  22   A   A high explosive is an explosive which we use the term

  23   detonates.  It requires a shock to initiate, and the reaction,

  24   chemical reaction in this travels greater than the speed of

  25   sound.


   1   Q   Are you familiar with the phrase explosive residue?

   2   A   I am.

   3   Q   Can you tell us what that is?

   4   A   An explosive residue is simply a residue, something that

   5   you can't see visually or microscopically as it relates to

   6   explosives.  These can be either residues from a post-blast

   7   event or preblast.

   8   Q   As a forensic chemist, is one of your jobs to detect

   9   explosive residue on items?

  10   A   Yes, it is.

  11   Q   Can you tell us about the procedure that you employ to

  12   detect explosive residue in items.

  13   A   Certainly.  In the FBI we have what we call standard

  14   operating procedures.  We analyze every case that comes in the

  15   laboratory in which explosive analysis is requested in the

  16   same manner.  The standard operating procedure begins with,

  17   the first thing we do is simply a visual and/or a microscopic

  18   examination of the item.

  19   Q   After you do the visual or microscopic examination, what

  20   is the next step in the process?

  21   A   Depending upon what we find, if we find something that we

  22   think we want to analyze further by this means, we may

  23   physically remove that item for separate analysis.

  24   Q   What type of item might be removed for further analysis?

  25   A   Just any kind of particle or -- you know, a particle that


   1   looks of interest to us for further analysis.  This could

   2   include something that may look like a piece of unconsumed

   3   explosive, metal fragments, shavings, anything like that.

   4   Q   If you don't observe any items or particles, what is the

   5   next step in the process?

   6   A   The next step in our procedure is the extraction process.

   7   Q   What is involved in the extraction process?

   8   A   In the extraction process, it is sort of a two-pronged

   9   analysis, if you will.  We are looking for two different kinds

  10   of explosives, basically.  We are looking for organic

  11   explosives, which tend to be your high explosives, like your

  12   NG, your TNT, your EGN, things like that.  For that we conduct

  13   an extraction using an inorganic solvent, in this case

  14   acetone.  Acetone is simply fingernail polish remover.

  15   Q   Can you tell us what you mean by extraction.

  16   A   When we extract the item, depending on the material, we

  17   are simply rinsing it with the acetone when we are doing this.

  18   Q   You mentioned that the inorganic family tends to relate to

  19   high explosives.  Is there another grouping?

  20   A   Yes.  As I mentioned, we have a two-prong process for our

  21   extraction.  The other side of the procedure we use deionized

  22   water.  That covers typically the low explosive side of the

  23   family, which would include black powder, pyrotechnics like

  24   fireworks.  Those are all readily dissolvable in water.

  25   Q   Staying for the moment on the analysis of inorganic items,


   1   can you after the solvent extraction?

   2   A   Basically we do a filtration step which cleans it up a

   3   little bit before we put it into our laboratory

   4   instrumentation, which can be quite sensitive and susceptible

   5   to getting clogged with debris.

   6   Q   What do you do once you clean the sample?

   7   A   We concentrate the filtrate, the extract that is left

   8   behind, down to just a couple of microlitres of solution.

   9   Q   What do you do with this remaining solution?

  10   A   Once we have concentrated the samples, we will go to the

  11   laboratory equipment, the instrumentation, and begin our lab

  12   analyses.

  13   Q   What is the first instrumentation that you use?

  14   A   The first instrument we would use would be a gas

  15   chromatography with chemiluminescence detection.  We call it

  16   EGIS, for obvious reasons.

  17   Q   We will call it EGIS going forward.  Can you briefly

  18   describe what is involved in the EGIS procedure.

  19   A   Certainly.  On the front of the EGIS I mentioned a gas

  20   chromatograph.  Chromatography is simply a separation tool.

  21   The best way to describe this to you, I think, would be, say

  22   you have a bag of coins.  You would simply pour that bag of

  23   coins into the chromatograph.  It is going to separate them.

  24   It is going to separate the quarters from the dimes from the

  25   nickels.  Not only will it separate them, it will tell you how


   1   many of each of those things that you have.  So it is a

   2   separation tool that we use in the laboratory.

   3   Q   At the back end of that, what does that process tell you

   4   about the solvent that you have put in?

   5   A   Simply the solvent we put in would have different chemical

   6   molecules.  It is going to separate those out, much like I

   7   mentioned that it would separate the coins.  It will conduct a

   8   simple separation and tell us how much of each of those

   9   chemicals that we have within that solution.

  10   Q   When that process is done, does it tell you whether or not

  11   there are any chemicals consistent with explosive residue?

  12   A   As I mentioned with the EGIS, there is a chemical

  13   luminescence detector on the tail end, after it goes through

  14   the chromatograph.  That chemical luminescence detector is

  15   very specific for explosives.  It is looking for nitro groups,

  16   which explosives contain.  So it is a very specific detector.

  17   We use it as a screening tool in the laboratory.

  18   Q   If the detector detects no explosive residue, is there any

  19   further step in the process?

  20   A   No.  We are done with the sample at that point.

  21   Q   If the detector does detect explosives, what if anything

  22   do you do next?

  23   A   If it does detect explosives, we go on with the laboratory

  24   protocol to a confirmatory step.

  25   Q   Can you tell us about the confirmatory steps you take.


   1   A   Yes.  Depending on the kind of explosive that the EGIS

   2   tells us it is indicating the presence of, we may go to one of

   3   a number of different pieces of analytical equipment that we

   4   have in the laboratory.  Typically, we would use a gas

   5   chromatograph, gas chromatography/mass spectrometry, or liquid

   6   chromatography/mass spectrometry to confirm the presence of

   7   those explosives.

   8   Q   Can you tell us the difference between those two methods?

   9   A   Certainly.  A gas chromatography/mass spectrometry, the

  10   sample is in a gas phase.  With a liquid chromatography/mass

  11   spectrometry, the sample is in a liquid phase.  Different

  12   explosives lend themselves to analyses better by one technique

  13   or the other.

  14   Q   Can you give us some examples of where you might use the

  15   gas versus the liquid?

  16   A   Sure.  The gas chromatography/mass spectrometry works very

  17   well for TNT, trinitrotoluene, for example.

  18   Q   What about the liquid?

  19   A   Liquid chromatography works well for other kinds of things

  20   that are more firmly labile, such as nitroglycerin, PETN,

  21   which is pentaerythritol tetranitrate.

  22   Q   Can you tell us briefly how those processes confirm

  23   whether or not you have a positive result?

  24   A   Certainly.  Again I mentioned that we have a chromatograph

  25   on the front end again.  It is the same kind of chromatography


   1   that I explained with the EGIS.  It is a separation tool.  It

   2   will separate the components and give you amounts of each of

   3   those.  After that we have a detector.  It is a mass

   4   spectrometer.  Whether we are introducing it through a gas

   5   phase or liquid phase, the mass spectrometer is on the end of

   6   that instrumentation.  The mass spectrometer basically gives

   7   you a molecular fingerprint of those separated chemicals as

   8   they come through.

   9   Q   Is that molecular fingerprint something that is unique to

  10   certain chemicals, to each chemical?

  11   A   Yes.

  12   Q   This process you described is where you have not made a

  13   physical extraction of an item that you have identified, is

  14   that correct, like a particle or something you mentioned

  15   earlier?

  16   A   Right, exactly.

  17   Q   Can you tell us what you do when you physically remove an

  18   object from an item you are analyzing.

  19   A   Again, it would depend what type of object we are talking

  20   about.

  21   Q   Why don't you give us an example involving a metallic

  22   object.

  23   A   OK.  If I saw something under visual or microscopic

  24   examination that I mentioned I would physically remove for

  25   separate analysis, if the object appeared metallic, shiny, our


   1   protocol would call for that sample to go to the scanning

   2   electron microscope with an energy dispersed xray detector on

   3   that for analysis, better known as the SEL.

   4   Q   Can you briefly tell us what that process involves.

   5   A   Certainly.  We in the FBI laboratory consider that a

   6   stand-alone confirmatory method for elemental analysis.  It

   7   will give you elemental information.

   8   Q   Which is?

   9   A   Specific --

  10   Q   To each --

  11   A   To each element on the periodic table that the instrument

  12   is capable of seeing.

  13   Q   Can you tell us a little bit about the quality control

  14   procedures that you follow within the lab?

  15   A   We again have standard operating procedures which

  16   incorporate quality assurance.  For example, in trace cases

  17   where we are looking for explosive residues, we have a

  18   separate room in which we conduct all the analyses, which is

  19   separate from our general laboratory benches.  So that is the

  20   first step, that we would go to an isolated location for these

  21   analyses.  When we enter the room, we wear Ty-Vec suits,

  22   disposable gloves.  We are changing these things frequently.

  23   The room is screened through each and every case.  We go

  24   through a decontamination process in each and every case.

  25   Q   Ms. Mount, did there come a time that you were asked to


   1   analyze items that had been originally brought from Nairobi,

   2   Kenya?

   3   A   Yes.

   4   Q   Did you conduct an analysis of these items consistent with

   5   the protocols you have just described?

   6   A   I did.

   7            MR. KARAS:  Your Honor, may I approach the witness?

   8            THE COURT:  Yes.

   9   Q   Ms. Mount, I have placed before you what have been marked

  10   for identification as Exhibits 844, 787, 788, 956, 993, and

  11   571.  Can you tell us what those are?

  12   A   These are summary charts of the specimens which I analyzed

  13   in the laboratory and of my laboratory results.

  14   Q   So we are clear, these are charts that reflect some of the

  15   analysis you did on the items brought to you from Kenya; is

  16   that right?

  17   A   Right.

  18   Q   Did you compare these charts with your notes and the

  19   reports you prepared in connection with the analysis of the

  20   items?

  21   A   I did.

  22   Q   Are they accurate?

  23   A   Yes.

  24            MR. KARAS:  Your Honor, we offer Government's

  25   Exhibits 844, 787, 788, 956, 993, and 571.


   1            MR. WILFORD:  Without objection.

   2            THE COURT:  Received.

   3            (Government's Exhibits 844, 787, 788, 956, 993 and

   4   571 received in evidence)

   5            MR. KARAS:  Now if we could display 844, please.

   6   Q   Ms. Mount, would you take a look at 844, and the breakdown

   7   at the top says U.S. Embassy Nairobi.  Is that what was

   8   represented to you as being the origin of those items?

   9   A   Yes, it is.

  10   Q   The column labeled FBI number, is that assigned by the

  11   lab?

  12   A   Yes.  That is assigned upon entry into the FBI laboratory.

  13   Q   The column is labeled item.  Who is it that labeled the

  14   items that are contained thereunder?

  15   A   That would have been by the collecting agents.

  16   Q   But not by you?

  17   A   Not by me.

  18   Q   The far column is the result of your analysis?

  19   A   That's correct.

  20   Q   You mentioned that you use certain methods of extraction.

  21   Do you see here on 844 the items are listed as swabbings.  Can

  22   you tell us how it is that you go about extracting residue

  23   from swabbings.

  24   A   Certainly.  The swabbing, just as a general term, is a

  25   material which we are just simply wiping across the surface of


   1   something for collection.  In this case we were generally

   2   dealing with just cotton balls much like you would purchase at

   3   a drugstore.

   4            As far as the analyses, when I received them I would

   5   go through the protocol as I mentioned to you, the visual and

   6   the microscopic.  Then I would extract them.  I would take a

   7   couple of microlitres of acetone, rinse them straight across

   8   the surface of this cotton ball, extract that off, filter it,

   9   reduce it as I mentioned earlier, and then analyze it using

  10   the laboratory instrumentation.

  11   Q   Government's Exhibit No. 843, which corresponds to FBI

  12   Q125, which is listed as the swabbing from U.S. Embassy, it

  13   says there that you found TNT; is that correct?

  14   A   That is correct.

  15   Q   Is TNT considered a high explosive?

  16   A   It is a high explosive.

  17   Q   If you could turn and if we could display to Government's

  18   Exhibit 787.  Do you see on the far right-hand column there

  19   are three instances where you found PETN on swabbings from 43

  20   Runda Estates?

  21   A   That is correct.

  22   Q   Can you tell us whether or not PETN is a high explosive?

  23   A   PETN is also a high explosive, yes.

  24   Q   Do you know what kind of use is made of PETN in connection

  25   with explosives?


   1   A   It has several uses.  It may be found in blasting caps.

   2   It can be used in detonating cord.  It can be used as an

   3   explosive in and of itself.

   4   Q   If we could turn and if we could display Government's

   5   Exhibit 788.  Do you see on the right-hand column there are

   6   five references to aluminum.  Can you tell us what aluminum is

   7   used for in an explosive?

   8   A   Aluminum is sometimes added to an explosive as additional

   9   fuel for the explosive.  It would raise the heat of reaction

  10   in the explosive.

  11   Q   If you could turn to and if we could display Government's

  12   Exhibit 956.  The first two items there, the hiking boots

  13   found in Harun's house in the Comoros, what kind of extraction

  14   method did you use to get residue off a hiking boot?

  15   A   In this particular case I took a cotton ball swab and

  16   wiped that across the surface of the boots, and then extracted

  17   much like any other swab.

  18   Q   Would you have vacuum items to collect residue?

  19   A   Vacuuming is a common technique which we use for cloth or

  20   clothing type of items.  That is typical.

  21            MR. KARAS:  Thank you.  No further questions.

  22            MR. WILFORD:  I have questions.


  24   BY MR. WILFORD:

  25   Q   Good afternoon, Agent Mount.


   1   A   Good afternoon.

   2   Q   How are you doing?

   3   A   Just fine, thank you.

   4   Q   Agent Mount, when you were describing the area that you

   5   conduct your examination for explosive residue, you indicated

   6   that that is an entirely separate and distinct room from where

   7   your ordinary laboratory is; is that correct?

   8   A   That is correct.

   9   Q   Your ordinary laboratory where you do your forensic

  10   analysis, are there other types of agents doing other types of

  11   analysis in that laboratory?

  12   A   In our general bench space, yes.

  13   Q   Are there people doing document examinations?

  14   A   No.  It's within the chemistry unit, so chemistry type of

  15   examinations would be conducted there only.

  16   Q   The reason for the separate room and the Ty-Vec suit and

  17   gloves is to make sure that you maintain the integrity of your

  18   examination; isn't that correct?

  19   A   That is correct, yes.

  20   Q   And that is because these explosive residues that we are

  21   talking about are truly microscopic particles; is that

  22   correct?

  23   A   Or less than microscopic, yes.

  24   Q   And that can be transferred so many different ways that

  25   you want to have a pristine environment when you are


   1   conducting your examinations; is that correct?

   2   A   That is correct, yes.

   3   Q   Agent Mount, with respect to your assignment of numbers of

   4   particular items, do you assign a separate laboratory number

   5   to each item which is different from, for instance, a K item

   6   that you receive from an agent?

   7   A   We assign all the Q and K numbers in the laboratory.

   8   Those numbers are not assigned in the field by the field

   9   agents.  When it crosses the laboratory doors, that is when

  10   those numbers are assigned.

  11   Q   The WO number, what is that?

  12   A   Excuse me.

  13   Q   Is there a WO number?

  14   A   WO?

  15   Q   Yes.

  16   A   I am not familiar with that.

  17   Q   Is there a lab number?

  18   A   There is a lab number, yes.

  19   Q   What is that?

  20   A   The laboratory number indicates, if you look at a number,

  21   the first two digits are the year in which it came in, the

  22   next two are the month, the next two are the date, and the

  23   last three digits are simply that number case that entered

  24   through our evidence control center on that particular day.

  25   Q   When items are brought to you and you are doing this


   1   examination for explosive residue, would it be fair to say

   2   that you would like to have each item separate from the other

   3   items that you want to examine?  Do you follow?

   4   A   Not exactly.

   5   Q   You wouldn't want to have a large group of items in, say,

   6   a bucket or something like that.  You would like to have each

   7   thing sealed in a plastic bag and examine it and know the

   8   origin of it; is that fair to say?

   9   A   It would depend upon where the samples are collected.

  10   Certainly if they were in association with one another at the

  11   collection site, then the necessity of separating them out for

  12   transport is not as great.  But certainly from different sites

  13   I would want those separated most definitely, yes.

  14   Q   Agent Mount, when the high explosive device is detonated,

  15   these particles go into billions and billions of particles; is

  16   that correct?

  17   A   That is correct.

  18   Q   Could you describe that to the jury, please, how small

  19   these particles are.

  20   A   It is hard to exactly describe it.  It depends on how

  21   complete the explosion is.  If it explodes and functions as

  22   designed, certainly gasses are left behind in large part.  If

  23   it doesn't fully function, you might find bits of unconsumed

  24   materials.  Explosions are chaotic events.  They never occur

  25   the same manner any two times.


   1   Q   In the materials that you examined from the embassy, you

   2   didn't recover any undischarged explosives, did you?  You

   3   recovered only residue, right?

   4   A   Residues, right.  Nothing physically -- right.

   5   Q   When you do a comparison of the residue that is recovered,

   6   do you do a measurement of how much TNT you recover?

   7   A   No.  That is not possible, actually.

   8   Q   Why isn't it possible?

   9   A   Again, as I mentioned, explosions are chaotic events.  It

  10   is impossible to predict where the residues are going to go.

  11   Not only not knowing the starting materials, you couldn't

  12   offer any kind of quantification associated with that.

  13   Q   You can't even measure the amount of residue that is

  14   recovered?

  15   A   Certainly with the techniques I have, there are stronger

  16   signals than others produced by the instrumentation, but I

  17   would not be able to fully quantitate a given amount of

  18   explosives as a starting material, no.

  19   Q   You answered another question that I was going to ask

  20   later, but this question is, when you actually recover the

  21   explosive residue, can you quantitatively measure the amount

  22   that you recover, not --

  23   A   No, no.

  24   Q   You have no way of doing it?

  25   A   No.


   1   Q   There are no instruments in the FBI lab which permit you

   2   to do that?

   3   A   Not post-blast, no.

   4   Q   In your examination of the items that you admitted into

   5   evidence, did you use a microscope?

   6   A   In some instances, yes.

   7   Q   And you used a high-powered microscope?

   8   A   For some samples a scanning electron microscope was used,

   9   which is very high-powered.

  10   Q   You also used the EGIS examination for each item; is that

  11   correct?

  12   A   That is correct.

  13   Q   Were there particular items where you used other means of

  14   examination other than simply EGIS and microscopic

  15   examination?

  16   A   Well, EGIS is a part of our standard protocol, so each

  17   sample would have been analyzed using that.  I guess I don't

  18   know what you are asking beyond that.

  19   Q   You didn't use any other method besides the EGIS and

  20   microscopic examination?

  21   A   Yes, most definitely.

  22   Q   What do you did?

  23   A   The gass chromatograph/mass spectrometer, the liquid

  24   chromatograph/mass spectrometer, scanning electron microscope.

  25   Other tools were used, certainly.


   1            MR. WILFORD:  Thank you very much.

   2            THE COURT:  Mr. Baugh?

   3            MR. BAUGH:  Just a few.  Thank you.


   5   BY MR. BAUGH:

   6   Q   Ms. Mount, I notice that on the swabbings that were done,

   7   like inside the bathroom and inside the drain trap, there is

   8   aluminum there.

   9   A   Certainly.

  10   Q   But it appears that on the post-explosive samples there is

  11   no aluminum.

  12   A   That is correct, I didn't find any aluminum post-blast.

  13   Q   Also, when it comes to these TNT particles, you understand

  14   how lay people have a hard time understanding how small these

  15   pieces are.

  16   A   Right.

  17   Q   In fact, it's smaller than small.

  18   A   That is true.

  19   Q   You said usually, if the explosion goes exactly according

  20   to plan, most of the TNT is going to be consumed in the

  21   explosion.

  22   A   That's correct.

  23   Q   Such as an engineer-designed airline bomb that is dropped

  24   from an airplane, that would have better characteristics than,

  25   say, something stuck in the back of a truck.


   1   A   I can't say that.

   2   Q   Tell the jury this.  Did you see the pictures of the bomb

   3   site at Nairobi with that big pillar of smoke?

   4   A   I believe I did see some of those, yes.

   5   Q   It would be expected to find explosive residue in that

   6   pillar of debris and smoke, wouldn't it?

   7   A   Possibly, possibly not.

   8   Q   Further, if the TNT was residually in that pillar of

   9   smoke, if I walked through that pillar of smoke, I could get

  10   TNT residue on me, couldn't I?

  11   A   Possibly.  Again --

  12   Q   That's fine.  Further, however high that cloud goes, if

  13   that cloud has TNT residue in it, anybody who is downwind from

  14   that cloud, if there is TNT residue in it, it can adhere to,

  15   right?

  16   A   Potentially, yes.

  17   Q   That cloud could go several hundred yards, several

  18   kilometers?

  19   A   Certainly.

  20   Q   Certainly.  Also, if one piece of clothing had TNT residue

  21   on it, or PETN residue on it, and it was put into a paper bag

  22   with a bunch of other clothes that when they went in there

  23   didn't have that residue, and they were carting around that

  24   bag for a few days, there could be cross contamination,

  25   wouldn't it?


   1   A   Possibly.

   2   Q   Am I correct that TNT has a certain, how should I say,

   3   adherence quality to it?  It is sort of sticky, the residue

   4   is?

   5   A   Some of it.

   6   Q   The fact that on certain items you did not find aluminum

   7   but on swabs that were taken at the site where the government

   8   believes the bomb was built you did find aluminum --

   9   A   That's correct.

  10   Q   Is it logical that the aluminum would have been consumed

  11   in the blast?

  12   A   I couldn't answer that.

  13   Q   If all of your post-explosion swabbings do not have

  14   aluminum and all your preexplosive swabbings do have aluminum,

  15   would that indicate to you that more or a majority of the

  16   aluminum was consumed in the blast?

  17   A   Not necessarily.

  18   Q   No aluminum was found in Mr. Al-'Owhali's samples, were

  19   there?

  20   A   I am not sure --

  21   Q   Referring to Exhibit 571, summary of exhibit analysis by

  22   Kelly Mount.

  23   A   That is correct.

  24   Q   These K numbers that are going down the left margin, I

  25   believe in response to Mr. Wilford's -- that's Mr. Wilford --


   1   question, you assigned those K numbers?

   2   A   I didn't, but that was done in the explosives unit

   3   laboratory, yes.

   4   Q   So the fact that each of these items have a separate

   5   number doesn't mean that each of these items came in a

   6   separate sterile container.

   7   A   That is correct.

   8   Q   Who -- when I say who, I don't mean the person, but would

   9   a technician assign those numbers?

  10   A   Typically, that is the way it works.  An examiner and/or

  11   technician who is the primary examiner on the case that

  12   received it would assign those numbers.

  13   Q   Doesn't anybody ever preserve the original packaging --

  14   A   Yes, certainly.

  15   Q   Where is the original packaging that this clothing came

  16   in?

  17   A   I would assume it is still with the items.

  18   Q   If you took one pair of contaminated clothing, let's say

  19   someone was wearing in the explosion, and you mixed it with a

  20   bunch of clothes that he wasn't wearing in the explosion and

  21   you put it in a bag, how long would it have to stay in the bag

  22   before there would be cross-contamination -- you can't tell,

  23   could you?

  24   A   I can't.

  25   Q   It would depend on how long it was there and where it was


   1   and all that?

   2   A   I would think.

   3   Q   If I was standing with my bathing suit on and I was

   4   downwind of that cloud, the TNT would adhere to my person,

   5   wouldn't it?

   6   A   Possibly.

   7   Q   Then if I put on clothing over the top of it, I would

   8   cross-contaminate the clothing, right?

   9   A   Possibly.

  10            MR. BAUGH:  Thank you.  Pass the witness.

  11            THE COURT:  Anything further?

  12            MR. WILFORD:  No, your Honor.

  13            MR. KARAS:  Brief redirect, your Honor?

  14            THE COURT:  Yes, redirect.


  16   BY MR. KARAS:

  17   Q   Ms. Mount, you were asked questions about what happens if

  18   clothes that are contaminated with TNT are mixed with clothes

  19   that originally don't have TNT.  Do you recall that?

  20   A   Right.

  21   Q   Is cross-contamination from one article of clothing a

  22   guarantee with another article of clothing?

  23   A   No, it is not a guarantee.

  24   Q   You were asked questions about how you could collect TNT

  25   on your person if you walked through a cloud that results from


   1   a TNT explosion.  Do you recall that?

   2   A   Yes.

   3   Q   Could you also get TNT on your person if you are making a

   4   TNT bomb?

   5   A   Yes, you could.

   6            MR. KARAS:  No further questions.

   7            THE COURT:  Very well.  Thank you.


   9   BY MR. WILFORD:

  10   Q   Agent Mount, if TNT is being ground preexplosion, being

  11   ground up, the person that is handling that ground TNT, their

  12   hands and clothing would be loaded with it; wouldn't that be

  13   fair to say?

  14   A   Potentially, is what I would say.

  15            (Continued on next page)












   1            MR. WILFORD:  Thank you.  Nothing further.

   2            THE COURT:  Thank you, ma'am.  You may step down.

   3            (Witness excused)

   4            MR. BUTLER:  The government has a few stipulations to

   5   read.  The first stipulation has been marked for

   6   identification as Government Exhibit 41.

   7            It is hereby stipulated and agreed by and between the

   8   parties that if called as a witness an official of the United

   9   States Department of State would testify as follows:

  10            1.  Government's Exhibit 813 is a true copy of the

  11   lease for the property on which the United States Embassy in

  12   Nairobi, Kenya, was located as of August 7, 1998.

  13            It is further stipulated and agreed that this

  14   stipulation may be received in evidence as a government

  15   exhibit at trial.

  16            The government would move the admission of the

  17   stipulation, which is Government's Exhibit 41, and the lease,

  18   which is Government's Exhibit 813.

  19            THE COURT:  Received.

  20            (Government's Exhibits 41 and 813 received in

  21   evidence)

  22            MR. BUTLER:  The second stipulation has been

  23   premarked for identification as Government's Exhibit 40.  That

  24   reads:

  25            It is hereby stipulated and agreed by and between the


   1   parties that if called as a witness an official of the United

   2   States Department of State would testify as follows:

   3            1.  The following persons killed in the bombing of

   4   the American Embassy in Nairobi, Kenya, on August 7, 1998,

   5   were "internationally protected persons" within the meaning of

   6   Title 18, United States Code, section 1116.  Those persons are

   7   Julian Leotis Bartley, Sr., and Prahbi Gutpara Kavaler.

   8            It is further stipulated that this stipulation may be

   9   received as a government exhibit at trial.

  10            The government would move the admission of

  11   Government's Exhibit 40.

  12            THE COURT:  Received.

  13            (Government's Exhibit 40 received in evidence)

  14            MR. BUTLER:  The next stipulation has been previously

  15   marked as Government's Exhibit 42 for identification.  That

  16   reads:

  17            It is hereby stipulated and agreed by and between the

  18   parties that if called as a witness officials from various

  19   relevant United States government agencies would testify as

  20   follows:

  21            1.  The following persons killed in the bombing of

  22   the American Embassy in Nairobi, Kenya, on August 7, 1998,

  23   were officers or employees of the United States government

  24   engaged in the performance of official duties within the

  25   meaning of Title 18, United States Code, section 1114.  Those


   1   names are:

   2            Jesse Nathaniel Aliganga; Julian Leotis Bartley, Jr.;

   3   Julian Leotis Bartley, Sr.; Chrispine Bonyo; Jean Rose Dalizu;

   4   Lawrence Ambrose Gitau; Molly H. Hardy; Kenneth Ray Hobson;

   5   Hindu Omar Iddi; Tony Kihato Irungu; Geoffrey Mulu Kalio; Joel

   6   Gitumbo Kamau; Lucy Nyamira Karigi; Prabhi Gutpara Kavaler;

   7   Joseph Kamau Kiongo; Arlene Bradley Kirk; Peter Kabau

   8   Macharia; Francis Watoro Maina; Fred Yafes Maloba; Cecilia

   9   Mamboleo; Mary Louise Martin; Lydia Mukiri Mayaka; Francis

  10   Ndungu Mbugua; Dominic Kithuva Musyoka; Francis Kibe Njuguna;

  11   Francis Mbogo Njuige; Vincent Kamau Nyoike; Francis Olewe

  12   Ochito; Ann Michelle O'Connor; Maurice Okatch Ogola; Sherry

  13   Lynn Olds; Edwin Opiyo Omori; Lucy Grace Onono, Evans Kibiro

  14   Onsongo; Eric Abuor Onyango; Caroline Sella Opati; Rachel

  15   Magasia Pussy; Uitamlal Thomas Shah; Fahat Sheikh; Phaedra

  16   Vrontamis, Adams Titus Wamai.

  17            It is further stipulated and agreed that this

  18   stipulation may be received in evidence as a government

  19   exhibit at trial, and the government would now offer this

  20   stipulation as Government's Exhibit 42.

  21            THE COURT:  42 received.

  22            (Government's Exhibit 42 received in evidence)

  23            MR. BUTLER:  Your Honor, the government would like to

  24   publish Government's Exhibit 814, which has been previously

  25   entered into evidence by stipulation, and request that we be


   1   able to pass this around to the jury.  This was the watch

   2   recovered at the site of the American Embassy on August 7,

   3   1998.

   4            THE COURT:  Yes.

   5            MR. KARAS:  Your Honor, the next witness is going to

   6   require us to move some items around.

   7            THE COURT:  How long will that take?

   8            MR. KARAS:  Five or 10 minutes.

   9            THE COURT:  So the suggestion is that we break for an

  10   early lunch?

  11            MR. KARAS:  That is the implicit suggestion.

  12            THE COURT:  All right.  When you have had a chance to

  13   see the watch that is being passed around, then you can return

  14   to the jury room, and we will recess until 2:00.

  15            (Luncheon recess)












   1                 A F T E R N O O N    S E S S I O N

   2                            2:00 p.m.

   3            (In open court; jury not present)

   4            THE COURT:  I understand the same rulings with

   5   respect to cross-examination of the ambassador that obtained

   6   with respect to Ambassador Bushnell apply.

   7            MR. BAUGH:  Your Honor, I think I made a formal

   8   objection.  Yes, I understand the same as per your memorandum

   9   we are not to cross-examine on any of the issue that are

  10   purely mitigation issues.

  11            THE COURT:  Purely mitigation or --

  12            MR. BAUGH:  Or security.

  13            THE COURT:  -- or security.

  14            MR. BAUGH:  That's correct, your Honor.  And we

  15   object to that.  As an aside, at our next break can we have an

  16   extra five minutes so I can go through a stipulation with my

  17   client.

  18            MR. KARAS:  Your Honor, I would also like to put on

  19   the record after Ambassador Lange we would request that the

  20   next three witnesses not be sketched.

  21            THE COURT:  Very well.

  22            (Continued on next page)





   1            (Jury present)

   2            THE COURT:  The government may call its next witness.

   3            MR. KARAS:  Thank you, your Honor.

   4            At this time I'd like to read from what has been

   5   marked for identification as Government Exhibit 53 which is a

   6   stipulation.

   7            It is hereby stipulated and agreed by the parties as

   8   follows:

   9            1.  Government Exhibit 84 is an excerpt of a

  10   videotape of the immediate aftermath of the bombing of the

  11   American Embassy in Dar es Salaam, Tanzania on August 7, 1998.

  12   The video was taken by an official from the Tanzanian Criminal

  13   Investigation Division.

  14            2.  Government Exhibits 1103-A through 1103-U are

  15   photographs of the exterior of the American Embassy in Dar es

  16   Salaam, Tanzania and the surrounding area taken on August 7,

  17   1998 or on days soon after the bombing.  These photographs

  18   fairly and accurately depict the scenes photographed.

  19            3.  Government Exhibit 1100 is a three-dimensional

  20   model which accurately depicts the American Embassy in Dar es

  21   Salaam, Tanzania and the immediate surrounding area as it

  22   looked before the bombing on August 7, 1998.

  23            4.  Government Exhibits 1101 and 1102 are drawings of

  24   the American Embassy in Dar es Salaam, Tanzania and the

  25   surrounding areas drawn to approximate scale.  The drawings


   1   accurately reflect the distance between the embassy and

   2   certain areas indicated in the drawings.

   3            5.  Government Exhibits 1104A through 1104H are

   4   photographs of the interior of the American Embassy in Dar es

   5   Salaam, Tanzania after the bombing on August 7, 1998.

   6            6.  Government Exhibits 1105A through 1105B are

   7   photographs of the American Embassy in Dar es Salaam, Tanzania

   8   taken before the bombing.

   9            At this time, your Honor, we move Government Exhibit

  10   53 and the exhibits just referenced therein into evidence.

  11            THE COURT:  Received.

  12            (Government's Exhibits 53, 84, 1103A through 1103U,

  13   1100, 1101, 1102, 1104A through 1104H, 1105A through 1105B

  14   received in evidence)

  15            MR. KARAS:  If we could display 1103A which is a

  16   photograph of the interior of the embassy.

  17            THE COURT:  Don't you want to call the witness before

  18   you do that?

  19            MR. KARAS:  At this time, your Honor, the government

  20   calls Ambassador John Lange.

  21    JOHN E. LANGE,

  22        called as a witness by the government,

  23        having been duly sworn, testified as follows:


  25   BY MR. KARAS:


   1   Q   Good afternoon, Ambassador.

   2   A   Good afternoon.

   3   Q   Ambassador, where are you currently posted?

   4   A   I am the United States Ambassador to the Republic of

   5   Botswana in Southern Africa.

   6   Q   How long have you been in the foreign service, sir?

   7   A   I entered the foreign service in March of 1981, twenty

   8   years.

   9   Q   Before you became the United States Ambassador to Botswana

  10   where were you posted?

  11   A   I was posted in Dar es Salaam Tanzania as the deputy chief

  12   of mission, the deputy to the Ambassador, in other words, but

  13   when there was a superior, when there was no Ambassador such

  14   as my first nine months at post when I was in the country I

  15   was known as the charge d'affaires, the person in charge.

  16   Q   Were you the deputy chief of mission in Dar es Salaam,

  17   Tanzania on August 7, 1998?

  18   A   Yes, I was the deputy chief of mission and at that time

  19   serving as the charge d'affaires.

  20   Q   Which means there was no Ambassador at that time, is that

  21   correct?

  22   A   Exactly.

  23   Q   Now, can you tell us the morning of August 7, 1998 what

  24   time you arrived to work?

  25   A   I arrived to work at the normal time about 8 o'clock.


   1   Q   And at approximately 10 a.m. where were you?

   2   A   At 10 a.m. I had scheduled a meeting in my office, the

   3   DCM's office with seven other people to talk about political

   4   economic and commercial issues of concern to the US government

   5   in Tanzania.  It was a normal weekly meeting.

   6   Q   And when that meeting began were there any interruptions?

   7   A   Well, 10 a.m. every Friday we had our normal alarm drill

   8   in which the marine in this case was Corporal Johnson, and

   9   announced over the loudspeaker system through the embassy that

  10   we would be hearing alarms for a fire, for a bomb or a

  11   terrorist attack, and then the conclusion was the all clear

  12   signal.

  13            So we, at the beginning of the meeting we all

  14   patiently waited to listen to these four different sirens

  15   going on as part of a normal drill and then we began the

  16   meeting.

  17   Q   And were there any other interruptions during the meeting?

  18   A   Well, the big one which was at 10:39 in the morning when a

  19   huge explosion occurred outside of the embassy.

  20   Q   Can you describe what you first heard at 10:39 a.m.

  21   A   I heard maybe a second or something of deep rumble and

  22   then the explosion hit the office that we were in.  I was

  23   sitting with my back to the other wall.  I had one person who

  24   was actually an unpaid intern working for the State Department

  25   that summer, a law student from UCLA on my left, and other


   1   employees, American and Tanzanian employees, six others on my

   2   side and in front of me, and I was with my back to the other

   3   wall, and the glass which was a high window blew in over my

   4   head and landed on the people in front of me.

   5   Q   And what happened after the glass blew in over your head?

   6   A   Well, it's the kind of thing that, I now kind of

   7   understand what it's like when the parachute doesn't open and

   8   your entire life flashes in front of your eyes, because I can

   9   still see that glass going in slow motion in a sense, even

  10   though it was in a split second, landed on the people.

  11            We had something called mylar or shatter resistant

  12   window film.  It's a plastic coating on the windows.  So that

  13   it didn't break into the small shards that would have been far

  14   more deadly, but it ended up landing then in chunks on the

  15   people in front of me and caused some injuries, but nothing

  16   serious on the people in front of me.  And I myself was not

  17   injured, because the window was a high one.  It went over me.

  18   Q   Did you hear any other sounds after the glass broke?

  19   A   What happened was after that, after the glass landed

  20   there, then we started hearing explosions going on outside of

  21   the building, and there was of few seconds, every five, ten

  22   seconds or something like that it went on for about five

  23   minutes, it seems to me in terms of continual explosions.  We

  24   don't know what it was at that time if we were being fired

  25   upon or what.


   1   Q   And while you were hearing these explosions what did you

   2   do?

   3   A   Well, I was the charge d'affaires and I kind of thought to

   4   myself, I'm in charge here, I better figure what the hell

   5   happened, pardon my language.  And so I decided, so I got up

   6   to go out and luckily or judiciously the head of the political

   7   econ section just to my right said, stay down, because there

   8   were these continual explosions that we were hearing and we

   9   don't know if it was gun fire.  So what we did was, so I did

  10   was kind of lay low then and go out to try to see what had

  11   happened.

  12   Q   Where did you go?

  13   A   I went out of the office past my secretary's office.  She

  14   was all right.  All the people that I had seen there had, no

  15   one had more than superficial injuries.  So I went out past

  16   them, and then went downstairs from the third floor to the

  17   second floor, and went to what we call post one.  That's where

  18   the marine headquarters is in each embassy.

  19   Q   What did you do when you got to post one?

  20   A   When I got to post one and off to my right the regional

  21   security officer a man name John DeCarlo, who had just arrived

  22   there about ten or days two week earlier, called me over, and

  23   he said:  John, come here we've got to get Lizzy out of the

  24   rubble.

  25   Q   What did you do next?


   1   A   I went over there.  As well as the consular officer who is

   2   actually a retired State Department foreign service officer,

   3   and he had come back to get a little extra money, and he was

   4   just working for us for a month or two, and he and I both went

   5   over to what we called the community liaison office where we,

   6   and at that point John DeCarlo, John Edwards, the counsular

   7   officer, and I were around Lizzy Slater our communicator who

   8   was buried in rubble up to about her chest in that office.

   9   Q   And what did you do when you got to Ms. Slater?

  10   A   We got there and kind of carefully took the rubble off of

  11   her.  It tended to be in chunks because at that point the

  12   community liaison office, which was on the side nearest where

  13   the explosion had occurred, a big gaping hole in the wall, big

  14   concrete wall and the gaping hole, and so we had these chunks

  15   of concrete that she was buried in and she hadn't moved since

  16   the explosion.  She just was immobilized there.

  17            We took it off of her, and once we took all of it off

  18   of her, she did have a leg injury, but she said, no, I'm okay

  19   I can move.

  20   Q   When you described the gaping hole could you now see

  21   outside the building?

  22   A   Yes.

  23   Q   And after you were able to free Ms. Slater, what did you

  24   do next?

  25   A   After that John DeCarlo and I, and John Edward decided to,


   1   that we would leave the building, and the way that a lot of

   2   people had left in the front steps was also the site of the

   3   explosion there was a lot of rubble.

   4            In fact, you could see the hands and the hand prints

   5   with blood on them as people who had tried to make their way

   6   down the steps walking over the rubble.  And, instead, DeCarlo

   7   said, let's take the back exit.  So we went to the back and

   8   went out of the building that way.

   9   Q   What happened when you got outside?

  10   A   We got outside and saw a man who was totally blackened,

  11   charred body probably in the last seconds of life, and he was

  12   on his back kind of groaning, and he was clearly not going to

  13   be living for long.  And I have no medical training, and so I

  14   saw him and others who were going to be coming to secure them,

  15   so I then made a turn to go out the compound area from a

  16   different angle.

  17   Q   And where did you go from there?

  18   A   Well, we, the people had been escaping from the compound

  19   through the, on to the main boulevard called Ali Hassan Mwinyi

  20   and on that boulevard there was no entrance or exit, so what

  21   happened was there were ladders that people had put in this

  22   emergency situation -- by the way, oh, I forgot something

  23   excuse me.  I forgot about my phone call.

  24   Q   Okay.  You want to tell us about the phone call?

  25   A   Yes.  What happened was when, after the community liaison


   1   office when we helped get the rubble away from Lizzy Slater,

   2   then, and this is something that every State Department

   3   foreign service officer always have to remember, you always

   4   have to tell Washington.

   5            What happened was I went to the phone at post one and

   6   called the operations center of the State Department in

   7   Washington which goes for 24 hours a day.  I remembered the

   8   number.  The phones kind of amazingly were working and I just

   9   called the number directly.  There is always somebody there.

  10   They answer, at least it seems like a half dozen or dozen

  11   people always working there.  And so what I, when I remember

  12   telling the person identifying myself as the charge d'affaires

  13   in Dar es Salaam.  I said, there's been a huge explosion.  I

  14   didn't know the nature of the explosion, but there's been a

  15   huge explosion here.  A lot of damage to the building.  You

  16   won't be hearing from me for a while but I just wanted to let

  17   them know.

  18   Q   Was this before or after you were able to free Ms. Slater

  19   from the rubble?

  20   A   This was after.  From the time we freed Ms. Slater then I

  21   made the phone call.  I at that point looked at my watch for

  22   the first time really and it was I think it was about 10:50 in

  23   the morning which was about ten, about 11 minutes after the

  24   bomb had gone off.

  25   Q   Now, I believe you were telling us that you are making


   1   your way around where people were going over a ladder?

   2   A   Yes.  And I made my way then over to where that ladder was

   3   because this was by now then maybe 12 or 15 minutes after the

   4   explosion, and people had gone out by going up this ladder and

   5   then down.

   6            And I got there and the French Ambassador whose

   7   embassy was across the street was there to greet me, and to

   8   shake my hand.  And we shook hands through the grate as a sign

   9   of his support and respect and offered to help, and then I

  10   went over the ladder and down on the other side.

  11   Q   What did you do when you got down on the other side?

  12   A   Well, he was wanted to be as helpful as possible and he

  13   said, come over to my embassy and you can work, do work out of

  14   there on a temporary basis.

  15            And so I went over there and his embassy actually

  16   suffered significant damage also, but it was, it wasn't

  17   anywhere near as bad as ours.  It was across this big

  18   boulevard.  And then I stood in his embassy for about a minute

  19   thinking, what am I going to do here?  I had already called

  20   Washington and there wasn't much purpose to stay there.  So

  21   then I came back on to the street.

  22   Q   And when you got back to the street did there come a time

  23   that you saw assistance arriving, medical assistance?

  24   A   It was kind of amazing to me how people just converged and

  25   we had fire engines arriving, we had ambulances arriving.  The


   1   local, we didn't have an American doctor.  We had a locally

   2   hired doctor who came to help out as well as some of the

   3   nurses who worked for the, I think two nurses who worked for

   4   the Peace Corp.  They all came to help out.  They came, they

   5   went.  They did the reverse of what I had done.  They went

   6   over the ladder to get into the compound to try to help

   7   people.

   8            The Marines came.  Now, we had Corporal Johnson in

   9   the embassy at the time of the explosion.  He was the one who

  10   had been assigned to post one.  But the other Marines lived in

  11   a house a little over a half a block away, and as soon as they

  12   heard the explosion they quickly got their clothes on and got

  13   ready to come, and they came.

  14            And they came to the embassy, and still rings in my

  15   ears, and I've told every Marine I see now the same story and

  16   for those Marines working in Gabarone with me, one of, I still

  17   remember the regional security officer coming up to me on the

  18   street to say:  Sir, the Marines have secured the building.

  19            And there was something even in this chaos which was

  20   fire engines, smoke that earlier explosions, et cetera with

  21   all that going on, there was something comforting about the

  22   idea that in this chaos we still had been able to secure the

  23   building.  The Marines had secured the outer perimeter so that

  24   there was a bit of controlling on our part at that point.

  25   Q   And after you learned this, did there come a time that


   1   people gathered at your house that day?

   2   A   Well, the other thing the security officer told me was

   3   that based on our emergency action plan, as we called it, that

   4   he said the primary evacuation point in case of an emergency

   5   was the USAID mission director's residence next to the

   6   embassy.  He said that was badly damaged.  We could not go

   7   there.  So we had to go to the secondary evacuation point

   8   which was my residence.

   9   Q   Did people gather there?

  10   A   Yes.  I hadn't remembered that my house was the secondary

  11   evacuation point, but I said, of course, go there.  And I also

  12   said we could use the ambassador's residence which was empty

  13   at the time.  We had no Ambassador.  And it turned out that I

  14   didn't know it then, but the ambassador's residence was

  15   damaged also.  So, basically, people converged on my

  16   residence, the deputy chief of mission residence.

  17   Q   And what happened when you got to your house?

  18   A   When I got to my house by then people had, my wife had let

  19   people in.  I remember walking in the door, and there was just

  20   kind of a not chaotic scene, but just a lot of people milling

  21   around, and just trying to determine what to do next.

  22            And I saw my wife Alejandera and just hugged her and

  23   this emotional moment of, you know, what's going on here?  And

  24   just kind of incredible thing, but I didn't, we couldn't talk

  25   about it because there was just so much that had to be done.


   1            I had a two-story residence, and there was a guest

   2   bedroom on the first floor.  So we used that as a makeshift

   3   first aid health unit, and our embassy local doctor, and a

   4   doctor from the French Embassy who actually had been injured

   5   himself, kind of set up a first aid station there with the

   6   nurses.

   7            Some people had to be taken to the hospital but they

   8   were helping those who didn't require hospitalization.

   9   Q   Aside from providing medical assistance, was anything else

  10   done to help the victims that day?

  11   A   The, well, one of the first things we had to do was to

  12   account for those who for all of our staff.  So I asked two of

  13   our local employees we called them foreign service nationals,

  14   two of our Tanzanian employees, to put together a list and go

  15   through all of our Tanzanian staff.

  16            And then and I have to say this is one of the things

  17   I'm most proud of.  I asked our consular officer the one who

  18   had helped take the rubble off of Lizzy Slater with me, I

  19   asked him to go around to all of the Americans and find out

  20   their status, find out the name of their contact person in the

  21   United States, relative or whoever, and the phone number.  And

  22   so he did that.  And then he read to the operations center of

  23   the State Department, because we used our one phone line then

  24   to call the, it's a continual open line to the State

  25   Department operations center.  He read to them this


   1   information, the name of the person to call, the name of the

   2   employee and family, and the phone number.

   3            And then they made calls and the purpose was so that

   4   the people in the United States, my mother included, heard

   5   that from the State Department that the bombing had gone on

   6   but your son is all right, or your spouse or whatever the case

   7   may be, rather than have them wake up in the morning at 7 in

   8   the morning and turn on the Today Show and find out there had

   9   been this bombing in Dar es Salaam and have everybody panic

  10   and get a heart attack or whatever.

  11            So it was, I don't know why I did that, I still kind

  12   of amazed at it, but it's part of being a career foreign

  13   service officer, you just deal with different kinds of

  14   emergencies, nothing this tragic or huge, but we just decided

  15   to do that and that he made the calls.

  16   Q   Were similar efforts made on behalf of the Tanzanian

  17   victims?

  18   A   When our two local employees, the secretary and the

  19   administrative section and the head of our personal section

  20   Tanzanian, they put together their list, and they made all of

  21   their contacts as best they could.  The thing is a lot of our

  22   Tanzanian employees did not have home phones, and things, so

  23   it was more difficult to try to make those contacts, but

  24   everybody was working as hard as they could on that.

  25   Q   Now, Ambassador, did there come a time that you went back


   1   to the embassy in the same day?

   2   A   I remember, I can't, there were so many things that had

   3   gone on then in those hours after this that I can't remember

   4   the specific timetable for all of it, but I remember I believe

   5   there it was my first time back when I did go back and I came

   6   in from the side, and I remember walking on the street where I

   7   had just been in fact on the morning of August 7th going to a

   8   normal day of work, looking at a normal street and I walked on

   9   this street, and there was rubble all over the street, like

  10   maybe half inch of broken glass, and concrete and other things

  11   all rubble, and all the cars on both sides of the parked cars

  12   were all scorched black.

  13            In fact, that was what those explosions that I

  14   mentioned hearing earlier were really not from additional fire

  15   that we were receiving, but it was actually, or shooting, it

  16   was actually exploding tires and gasoline tanks, things such

  17   as that.

  18            So we ended up coming, so I ended up coming there and

  19   I really, I tend not to show a lot of emotions, but I really

  20   kind of choked up there just to think what had happened

  21   because you could see this all this blackness, and then this

  22   big gaping hole in a couple of the rooms in the embassy, big

  23   black charred building, just destruction all over.

  24            MR. KARAS:  Your Honor, may Ambassador Lange step

  25   down and approach the model?


   1            THE COURT:  Yes.

   2            MR. KARAS:  Ambassador, if you would.

   3            (Witness left stand)

   4   Q   Ambassador, before you is what is marked in evidence as

   5   Government Exhibit 1100.  Can you tell us generally if you

   6   recognize it?

   7   A   Oh, yes, it's the prebombing embassy.

   8   Q   The model of what it looked like?

   9   A   Yes.

  10   Q   Can you describe some of the, and I take it is the white

  11   building there in the middle?

  12   A   Yes, it is.

  13   Q   Can you describe some of the buildings around the embassy?

  14   A   Well, this was the USAID mission director's residence.

  15   She was actually on starting her home leave and wasn't in that

  16   day.  This was the Nigerian Embassy which also ended up being

  17   badly damaged.

  18   Q   That's just for the record to the northwest of the

  19   American Embassy?

  20   A   Yes.  This was the Algerian Embassy.  This was the embassy

  21   and it's a lot of photographs taken of this one.  This was an

  22   embassy officer residence, the consular officer's residence,

  23   and just terribly damage in the front.  His family was on rest

  24   and recuperation travel at the time, so they were not there.

  25   Q   That's just across the secret?


   1   A   Yes.  This was another embassy officer's residence.

   2   Q   Was that building damaged as well?

   3   A   Yes, everything all around.  At my residence you could see

   4   some paint that had come off the top of the ceiling and kind

   5   of from the vibrations and had landed on the floor and the

   6   residence was a mile away.

   7   Q   Now, with respect to the American Embassy can you

   8   generally point in the area in the building where your office

   9   was?

  10   A   I was in my office on that side (indicating).  The bomb

  11   had happened here on Laibon (indicating).  And I was in my

  12   office on this side.  So I, when the glass blew in from there

  13   it was not coming in from the side of the embassy where the

  14   explosion itself had occurred.  The Ambassador's office which

  15   was vacant at the time was right over here, and was more on

  16   the side of where the, was on the side where the explosion

  17   occurred.

  18   Q   So your office faced to the southwest?

  19   A   Yes.

  20   Q   And can you tell us where within the structure you found

  21   Liz Slater under the rubble?

  22   A   Yes.  From my office then I went through this, I have to

  23   say I hated this building, it was built in 1960 and had all

  24   these crooks and crannies and narrow stairways, and these two

  25   different buildings here.  And so we went, and it was down


   1   this way where Lizzy Slater was and it was right here

   2   (indicating).  This was in fact the hole that I looked through

   3   that was, when I was picking the rubble off of her was that

   4   open area was right here (indicating).

   5   Q   That's in the northern part of the two buildings facing on

   6   Laibon?

   7   A   Yes.

   8   Q   And do you see just to the east of the embassy there a

   9   small white building that's got fences around it?

  10   A   This one?

  11   Q   Can you tell us what that was?

  12   A   That was the guard house and these are the guards who are

  13   paid the equivalent of about a hundred dollars a month in

  14   Tanzania because of the prevailing wages there.

  15            And they are there to screen people coming in.  And

  16   this guard house was so close to the, where the explosion

  17   occurred that was just a devastated building.  Concrete walls,

  18   but still it was just very badly damaged, and several of the

  19   guards died.

  20   Q   Now, you mentioned that there were people climbing over a

  21   fence.  Can you point generally in what direction that was?

  22   A   Yes.  After I opened or took the rubble off of Lizzy, with

  23   the other two gentlemen and made the phone call which was

  24   inside there, then came out this back entrance, and went this

  25   way and then it was I shook hands with the French Ambassador


   1   through a grate that looked like that and then went over that

   2   on to this boulevard here.

   3   Q   And that boulevard is Ali Hassan Mwinyi?

   4   A   Yes.

   5            MR. KARAS:  Thank you, Ambassador, you can resume the

   6   stand.

   7            (Witness resumed stand)

   8   Q   Now, if we could display Government Exhibit 1105A.

   9   Ambassador, can you tell us what that is a picture of?

  10   A   That's the US Embassy in Dar es Salaam Tanzania before the

  11   bombing.

  12   Q   And if we could display 1105B, that picture.

  13   A   That's from a different angle.  It's taken from Laibon

  14   Road, and, in fact, this is the street that I said I was

  15   coming up on when I saw all the cars scorched and black.  This

  16   I was walking up this way to the left on the photo, but that's

  17   also the embassy before the bombing.

  18   Q   And if we could display 1103I.

  19   A   Well, that's me down at the bottom there.  It's also our

  20   Marines who by that time had been able to put on their proper

  21   gear and had weapons, because we didn't know if there would be

  22   another attack.

  23            And that that's the explosion where you can see the,

  24   the room that had the community, that was used as the

  25   community liaison officer's office where Lizzy Slater our


   1   communicator was buried in rubble is the middle floor there,

   2   the second floor.  And that's where I had gone in to help get

   3   the rubble off of her.

   4            The floor above that with the gaping hole was the

   5   administrative officer's office, but he was not in the office

   6   at the time of the bombing.  He had left about ten minutes

   7   earlier to go to another meeting.

   8   Q   And if we could display 1103J.

   9   A   Another scene of the damaged embassy.  You're seeing it

  10   from, just see the two different buildings because I said this

  11   odd construction, and you had the two different buildings

  12   there, the one closer to where the explosion occurred which is

  13   marked in red on that model is the one that you see more badly

  14   damaged here.

  15   Q   You see what appear to be cement fence posts?

  16   A   Yes.

  17   Q   What was there before August 7?

  18   A   I believe that was a solid concrete wall.

  19   Q   If we could display 1103R.  Can you tell us what that is?

  20   A   That's the consular officer's residence that I referred to

  21   on the model.  He was with his family on R and R travel out of

  22   the country at the time.  So they were not in the building.

  23   Q   That's the house that you referred to as directly across

  24   the street on Laibon?

  25   A   Yes, and this is taken probably from the top of the


   1   embassy looking down that way.

   2   Q   1103T, please.

   3   A   That I believe is the back corner of the embassy where we,

   4   the public tended not to go, and to the left of that it would

   5   be the Nigerian Embassy on the other side of the wall.

   6   Q   If we can display 1104E.  Can you tell us what is

   7   Ambassador?

   8   A   That's the Ambassador's office.  I was as I said, the

   9   charge d'affaires, but since my permanent title while I was

  10   stationed in Dar es Salaam was as the deputy chief of mission

  11   pending the arrival of the Ambassador, I was, I did not move

  12   into the Ambassador's office.

  13            So this is an office that was vacant at the time, but

  14   it normally would be the Ambassador's office and as I had

  15   noted on the model it was the windows on the left at the top

  16   left are the ones that were on the side of where the building

  17   where the bomb went off.

  18   Q   If we could display 1104F.

  19   A   This was the nicest room in the embassy.  It was our

  20   ceremonial entrance where we had some nice chairs and sofas,

  21   and that, and it wasn't where the normal public entrance was

  22   for consular purposes, for people who needed visas and

  23   passports, but, instead, it was the entrance that we used when

  24   we had dignitaries who came to visit, and it was on the side.

  25   It was not on the side of where the explosion occurred.


   1   Q   Finally, 1104H.  Can you tell us what area that is?

   2   A   Yes.  This is the executive office suite.  In fact, my

   3   office was through the door on the right there.  This is where

   4   my secretary was sitting at the time and US government clocks

   5   run on batteries, and they seldom seem to all have the same

   6   time, but every clock in the building stopped as soon as the

   7   explosion occurred, and this one you can see what the time was

   8   on this one.

   9   Q   What time is it on that clock?

  10   A   I would judge that as 10:39.

  11            MR. KARAS:  Thank you, Ambassador.  I have no further

  12   questions.

  13            MR. BAUGH:  No questions, your Honor, pursuant to the

  14   Court's order.

  15            THE COURT:  Thank you, Ambassador.  You may step

  16   down.

  17            (Witness excused)

  18            MR. KARAS:  Your Honor, the government calls Tina

  19   Mbodilu.


  21        called as a witness by the government,

  22        having been duly sworn, testified as follows:


  24   BY MR. KARAS:

  25   Q   Good afternoon.


   1   A   Good afternoon.

   2   Q   Where were you born?

   3   A   I was born in Tanzania.

   4   Q   And where do you live now?

   5   A   I live in Tanzania.

   6   Q   Can you tell us how you're employed?

   7   A   I'm employed at the American Embassy as a translator in

   8   the political department.

   9   Q   For how long have you worked at the US Embassy there?

  10   A   Next month will make it nine years.

  11   Q   Can you tell us if you were working at the United States

  12   Embassy in Dar es Salaam on August 7, 1998?

  13   A   Yes, I was.

  14   Q   Can you tell us about any meetings you had scheduled that

  15   morning?

  16   A   We were to have a meeting in the office of the deputy

  17   Ambassador or the DCM, the deputy in charge of mission at 10

  18   o'clock to prepare for the coming or the arrival of the

  19   Ambassador to come to Dar es Salaam at the embassy.

  20   Q   And the DCM at that time was Mr. Lange?

  21   A   Yes.

  22   Q   Where was that meeting held?

  23   A   The meeting was held in his office.

  24   Q   At approximately what time did that meeting begin?

  25   A   The meeting began at 10 o'clock.


   1   Q   After the meeting began were there any interruptions?

   2   A   Yes.  At about 10:30, 10:35 the meeting was interrupted by

   3   an explosion.

   4   Q   Can you tell us what you first heard?

   5   A   I was facing a window where I was seated, and as I was

   6   facing the window, actually I think the meeting was about to

   7   end, I suddenly saw what was like a flash of lightning for a

   8   split second, and what sounded like a thunder storm, but it

   9   went on for about 15 seconds.  It was I've never heard

  10   anything like it before.  It was a huge explosion, it was

  11   something like a booooom.

  12   Q   Then what happened?

  13   A   Well, after that, first of all, I thought I was dreaming,

  14   because I never felt anything like that before.  The sound

  15   seemed to go through my chest.  And at the end I found myself

  16   on the floor, and what I remember seeing is that the whole

  17   floor was full of glass.  And when I looked around me, people

  18   were bleeding, and that's when I started asking, what

  19   happened, and I remember someone saying that maybe a tanker

  20   had exploded.

  21   Q   And then what happened?

  22   A   Well, one of my colleagues who was at the meeting he was a

  23   Tanzanian working in the commercial department, he tried to

  24   get up, and I think it was Mr. Lange who said, get down,

  25   because none of us knew what was happening.


   1            But he was badly hurt and he started to panic, and

   2   some people got up, because we were looking for towels to stem

   3   the bleeding, and a lot of people had blood on their shirts.

   4   I remember my hair was in braids and I had pieces of glass in

   5   my braids, and my dress was torn, because the glass which came

   6   into the room -- I remember the glass coming into the room as

   7   if someone had taken some sand and thrown it into the room.

   8   That's the last thing I remember before shielding my face.

   9            So what I remember after that was just the silence,

  10   and people saying to get down under the windows, because we

  11   didn't know what was going on.

  12   Q   Did people leave the room immediately?

  13   A   No.  It took us, it took us about 15 minutes, 12 minutes,

  14   15 minutes.  We would have left earlier, but outside we heard

  15   what we thought was gun fire, and when we wanted to leave the

  16   room someone said, don't go out, because we thought whoever

  17   had done that was now firing at us.

  18            But we left because there was some wiring in the room

  19   and the wiring, the smoke had started to come, so we were

  20   afraid that we would get burned inside the room, so, finally,

  21   I think it was the commercial officer who said, we must get

  22   out of this room, otherwise, we'll be burned alive.  So we

  23   decided to take our chances out there with whoever was

  24   probably shooting at us.

  25   Q   And where did you go?


   1   A   I can't remember too clearly.  I know that we start to get

   2   out of the room.  It took us some sometime because blocks of

   3   cement had fallen.  At this time I was eight months pregnant.

   4   So I remember two people were able to squeeze through a narrow

   5   hallway.  I wasn't.

   6            So I had to go back.  And I remember behind me was

   7   any colleague who was bleeding, he couldn't see his way.  So

   8   he was hanging on to my shirt behind me.  So we went through a

   9   narrow hallway, I can't remember, because it was a classified

  10   section where Mr. Lange's office was.  So I had to go there

  11   under escort anyway, so I wasn't familiar with my

  12   surroundings.

  13            So basically we'd go through narrow hallways trying

  14   to look for a way out.  Then the regional security officer he

  15   appeared from the top of a stairway and he said, come up this

  16   way.  You can get out from this way.  So what we basically did

  17   was climb over blocks of cement, try to go under hanging

  18   pieces of wood and things like that, and we got out.

  19   Q   And what happened when you got out of the building?

  20   A   When I got out of the building I met other embassy people,

  21   at the embassy grounds, and we were all told to go to an area

  22   behind the embassy where we, when we usually have drills,

  23   there is a place where we go behind the embassy, but when we

  24   all went over to that place, then we heard what sounded like

  25   gun fire, and we all started running back to where we come


   1   from.

   2   Q   And where did you go from there?

   3   A   Where I went there was a big wall, and outside the wall

   4   was a busy street.  So someone came up with a ladder.  So I

   5   think about three of us climb the ladder.  On the other side

   6   was a colleague of mine that I used to work with, and his

   7   hands were like this (indicating) at the top of the wall, no,

   8   on the other side of the wall.  So on this side we climbed on

   9   the ladder, we went over the wall, and on to his palms, then

  10   we, on to his knee, and then we stepped down, and it was a

  11   policeman on the road, and he stopped the truck.  I can't

  12   remember who the truck belonged to.  But about four or five of

  13   us got into the truck and it took us to hospital.

  14   Q   Who else got in the truck with you?

  15   A   The community liaison officer.  Her name was Cynthia

  16   Kimball, and a colleague of mine a Tanzanian, she was the

  17   personal assistant, and Patricia Wagner, an American official,

  18   and Patricia Connell, she was political officer's secretary.

  19   Q   What, if any, injuries did you suffer that morning?

  20   A   Because what I did when I saw the glass coming in the

  21   split second I covered my face, so I got cuts to my arm, and I

  22   had cuts to my face on this side, and I didn't realize it

  23   then, but later on if I were to call someone if I hold the

  24   ear, the phone on in side I couldn't hear the person.  But if

  25   I put the phone on this side I could hear the person.  But it


   1   took about six months for the ear to come back to normal.

   2            MR. KARAS:  Thank you.  I have no further questions.

   3            MR. BAUGH:  No questions.

   4            MR. RUHNKE:  No questions.

   5            THE COURT:  Thank you, ma'am.  You may step down.

   6            (Witness excused)

   7            MR. KARAS:  Your Honor, the government calls

   8   Elizabeth Slater.


  10        called as a witness by the government,

  11        having been duly sworn, testified as follows:


  13   BY MR. KARAS:

  14   Q   Good afternoon, Ms. Slater.  Can you tell us how you're

  15   employed?

  16   A   I work for the Department of State.  I'm information

  17   management specialist.

  18   Q   For how long have you worked for the State Department?

  19   A   I've been working there for almost twenty years.

  20   Q   And what is your current post?

  21   A   I work in the American Embassy.

  22   Q   Can you tell us where you were posted in August of 1998?

  23   A   I took up a new post in Dar es Salaam in Tanzania.  I

  24   arrived there on the 5th of August.

  25   Q   Were you at the embassy on August 7th?


   1   A   Yes, I was.

   2   Q   And did you have any meetings scheduled that morning?

   3   A   Yes, I did.  I had a meeting scheduled welcome to Dar es

   4   Salaam briefing.

   5   Q   For the community liaison officer?

   6   A   That's correct.

   7   Q   What time was that meeting scheduled for?

   8   A   For 10:30.

   9   Q   Where did that meeting take place?

  10   A   It was in her office.

  11   Q   Can you tell us what happened when the bomb went off?

  12   A   (Pause) It just went pitch black.

  13   Q   Do you remember what happened after that?

  14   A   There was a feeling, a strange smell kind of a oily gritty

  15   feeling in the air, and in the building the walls were on top

  16   of me and my colleague.

  17   Q   Beverly Kimball?

  18   A   Yes.

  19   Q   Was there anyone else in the room aside from you and

  20   Ms. Kimball?

  21   A   No.  Not at the time that the bomb went off.  No, it was

  22   the two of us.

  23   Q   After the wall stopped collapsing what happened?

  24   A   I kept on seeing her.  She was, she was okay, I couldn't

  25   see her.  It was pitch black.  And when things cleared, it


   1   cleared up and I was looking at the sky.  I asked her if she

   2   was okay.  She was screaming, kept screaming and screaming,

   3   and John DeCarlo, the security officer, came into the room and

   4   he tried to pull me out and I asked him to leave me alone and

   5   to help get Cynthia out.  She was hysterical screaming.

   6   Q   Did he get Ms. Kimball out?

   7   A   Yes.  He managed to get her out and then he came back to

   8   try and lift me out, but they couldn't move me.  I was pinned

   9   down with rubble.

  10   Q   Did anybody else arrive to help?

  11   A   Our charge d'affaires, John E.  Lange, came into the

  12   office and John Eastwood who was the consular officer, WAE.  I

  13   don't know what that stands for.  He came into the office and

  14   they tried to get the things off of me and this gunnery

  15   sergeant, Gunny Kimball, came in and he managed to just push

  16   this bookcase off of me and I was able to stand up at that

  17   point.

  18   Q   Were you able to leave the room?

  19   A   Yes.  I did.  There was another gentleman there, Jim Owen

  20   who we left the room, the building together.  We left the

  21   office and started walking out the building together.

  22   Q   How did you get out of the building?

  23   A   We went down the front stairwell which would have been a

  24   normal entrance to the embassy.  Went down towards where the

  25   front gate security guards were.


   1   Q   Did you make it outside?

   2   A   Yes, but coming down the stairwell it was all kinds of

   3   body parts.  We found one of my colleagues who was injured and

   4   in the stairwell, and she wasn't moving.  We stopped and asked

   5   her.  She told us, we got to get out of here.  It's not safe.

   6   She was reluctant to move.  She kept saying, I can't find my

   7   shoes.  I can't leave without my shoes.  And we were, we had

   8   to get out.  I gave her my shoes, said, let's go, let's get

   9   out.  And we got out the front of the building, and that's

  10   when I saw that it must have been a bomb.

  11   Q   Were you able to make it out of the embassy compound?

  12   A   We moved around the side of the building going off to the

  13   right.  Somebody had called us in that direction and we went

  14   around the side of the building, and I remember seeing a

  15   tanker truck sitting there, and I didn't really want to go

  16   where the tanker truck was because it's not safe.  But we

  17   moved.  I asked my other colleague standing there if we could

  18   move a little bit away from the tanker truck maybe be in a

  19   safer location.  And we finally got here.  He didn't have

  20   any -- he died.

  21   Q   Ms. Slater, were you able to get to the ambassador's

  22   residence?

  23   A   Yes.  We had got over the embassy wall and were taken in

  24   little taxis to Ambassador Lange's house.

  25            MR. KARAS:  Thank you.  Your Honor, I have no further


   1   questions.

   2            MR. RUHNKE:  We have no questions.

   3            MR. BAUGH:  No questions.

   4            THE COURT:  Thank you, ma'am.  You may step down.

   5            (Witness excused)

   6            MR. KARAS:  Your Honor, the government calls Edward

   7   Rutahesherwa.

   8            (Continued on next page)




















   2        called as a witness by the government,

   3        having been duly sworn, testified as follows:


   5   BY MR. KARAS:

   6   Q   Afternoon, sir.

   7   A   I am fine.

   8   Q   Can you tell us where you were born.

   9   A   I was born in Kalgara.

  10   Q   Is that in Tanzania?

  11   A   Yes, it's Tanzania.

  12   Q   Have you lived in Tanzania all your life?

  13   A   Yes, I have been in Tanzania.

  14   Q   What do you do for work, sir?

  15   A   I am a security guard.

  16   Q   For how long have you been a security guard?

  17   A   Eight and a half years.

  18   Q   For what company have you been a security guard?

  19   A   Alternate Security Guard.

  20   Q   Were you working as a security guard near the American

  21   Embassy on August 7, 1998?

  22   A   Yes, I was at work.

  23   Q   During that time, was that your normal assignment?

  24   A   Yes.  I went there on time.

  25   Q   What time of day did you begin work?


   1   A   I start 7:00 in the morning.

   2   Q   What was your specific duty that day?

   3   A   My job was to receive the visitors and to register the

   4   cars which comes out and in.

   5   Q   Was there a specific post number assigned to that duty?

   6   A   Yes, I have a section that I was working at.

   7   Q   What area of the embassy were you in charge of guarding?

   8   A   I was working front of the embassy, in the area called

   9   Roman I.

  10   Q   Roman I?

  11   A   Yes.

  12   Q   Was that along Laibon Road?

  13   A   Yes, that's the street called Laibon.

  14   Q   Did there come a time that morning that you tried to take

  15   a break for tea?

  16   A   Yes, it's around 10:30.

  17   Q   Did somebody come to relieve you?

  18   A   Yes, someone came and I went to have my tea.

  19   Q   Where did you go to have tea?

  20   A   I went to the section Roman II.

  21   Q   Where is that in connection with the embassy building?

  22   A   Behind of the American Embassy.

  23   Q   What happened when you were behind the American Embassy?

  24   A   After going and getting water to get my tea and getting

  25   all my stuff to eat, and I heard a bomb, explosion.


   1   Q   What did you do when you heard the bomb?

   2   A   I fell down, I lay down for my security, and after I saw

   3   other people running towards me, and I run away and I tried to

   4   climb the wall.

   5   Q   Were you able to climb the wall?

   6   A   Yes, and the time I reach on top of the wall, someone

   7   pushed me forward and I was able to go to another side.

   8   Q   Where did you go once you got on the other side of the

   9   wall?

  10   A   After that, I crossed the street and I went to near the

  11   French embassy, and then I went around to see what is

  12   happening.

  13   Q   What did you see when you went back?

  14   A   After I reached there, I saw the person who relieved me

  15   during my break, he is laying down on the floor, and the body

  16   is laying on the floor.

  17   Q   Did your colleague survive that morning?

  18   A   The person who relieved me, he didn't survive, and his

  19   name was Bakari Lumbo.

  20   Q   When you saw him, did he ask you to do anything?

  21   A   Yes, he told me to take him out from there and to take him

  22   near to the shadow.

  23   Q   Did he say why he wanted you to take him to the shadow?

  24   A   Because he is feeling very abnormal.

  25            MR. KARAS:  Your Honor, may I approach the witness?


   1            THE COURT:  Yes.

   2   Q   Mr. Rutahesherwa, I place before you what is marked

   3   Government's Exhibit 1170 and ask you to take a look at it.

   4   Can you tell us what that is, sir?

   5   A   This is the person who relieved me.

   6            MR. KARAS:  Your Honor, we offer Government's Exhibit

   7   1170.

   8            MR. RUHNKE:  No objection.

   9            THE COURT:  Received.

  10            (Government's Exhibit 1170 received in evidence)

  11   Q   Mr. Rutahesherwa, did your brother also work for Alternate

  12   Security?

  13   A   Yes, he is one of the security guys also.

  14   Q   Was he on duty that day in front of the American Embassy?

  15   A   Yes, he was very close.

  16   Q   Do you know where he was when the bomb went off?

  17   A   He was at the receiving area.

  18   Q   Do you know where that is in connection with the entrance

  19   of the embassy?

  20   A   Yes, I know where he was.

  21   Q   Can you tell us exactly where he was?

  22   A   Yes, but I can show where he was.

  23            MR. KARAS:  Your Honor, may the witness step down?

  24            THE COURT:  Yes.

  25   Q   Please, sir, would you like to step down.


   1            Sir, if you want, show us where your brother was

   2   working that morning.

   3   A   He was at this area.

   4   Q   Is that a guardhouse there on the front, on Laibon?

   5   A   This is area where the radio is and to welcome people to

   6   want to get visa, anyone who wants to come to the embassy.

   7   Q   Mr. Rutahesherwa, did your brother survive that morning?

   8   A   Yes, he survived, and the person who relieved me, he was

   9   near to that place, my brother.

  10   Q   On that day, how many Alternate Security guards were

  11   assigned to guard the American Embassy?

  12   A   If I can mention by name, I can tell how many was.

  13            (Swahili names not interpreted)

  14   Q   How many is that, sir?

  15   A   I was not counting, I was just mentioning names.

  16            THE INTERPRETER:  If you want him to repeat it, do.

  17   Q   Of the colleagues you mentioned, how many of them died,

  18   sir?

  19   A   (Swahili names not interpreted)

  20   Q   Is that five?

  21   A   Yes.

  22            (Continued on next page)





   1            MR. KARAS:  Thank you, sir.  I have no further

   2   questions.

   3            THE COURT:  Any questions?

   4            MR. BAUGH:  No questions of this gentleman.

   5            THE COURT:  Thank you.  You may step down.

   6            MR. KARAS:  Your Honor, the next witness is going to

   7   require us to bring out some other evidence and this might be

   8   a good time for a break.

   9            THE COURT:  We will take our afternoon break.

  10            MR. BAUGH:  Extra five minutes, your Honor?

  11            THE COURT:  Yes, an extra five minutes.

  12            (Jury excused)

  13            (Recess)

  14            THE COURT:  Bring the jury back in?

  15            MR. KARAS:  Yes, sir.  Your Honor, I am going to read

  16   a stipulation before.

  17            (Jury present)

  18            MR. KARAS:  Your Honor, at this time I would like to

  19   read a stipulation marked for identification as Government's

  20   Exhibit 56.

  21            It is hereby stipulated and agreed by and between the

  22   parties as follows:

  23            1.  If called as witnesses, special agents from the

  24   Federal Bureau of Investigation would testify that between

  25   August 9, 1998, and August 22, 1998, they found the items


   1   listed below in the vicinity of the United States Embassy in

   2   Dar es Salaam, Tanzania, as indicated on the tags attached to

   3   each item.  Each of these items was later photographed by FBI

   4   personnel and each photograph is a fair and accurate depiction

   5   of each item.  The list of seized items and the corresponding

   6   photograph are as follows:

   7            Government's Exhibits 1110 and 1110P, 1111, 1111P,

   8   1112, 1112P, 1113, 1113P, 1114, 1114P, 1115, 1115P, and it

   9   proceeds from 1116 to 1126 and 1115P to 1126P.

  10            2.  FBI agents and other personnel also recovered

  11   from the American Embassy in Dar es Salaam, Tanzania, over 200

  12   fragments from what have been identified by an industry expert

  13   as oxygen and acetylene cylinders.  Each of these items was

  14   later photographed by FBI personnel and each photograph is a

  15   fair and accurate depiction of each item.  A partial list of

  16   seized cylinder fragments and a corresponding photograph is as

  17   follows:

  18            It is 1130 through 1144 and 1130P through 1144P.

  19            3.  FBI officials transported the items referred to

  20   in paragraphs 1 and 2 from Dar es Salaam, Tanzania, to

  21   Washington, D.C. via airplane, and brought them to the

  22   forensics laboratory at FBI headquarters in Washington, D.C.

  23            4.  The cylinder fragments were analyzed and broken

  24   into composition groups.  Government's Exhibits 1146 through

  25   1164 are fair and accurate photographs of the composition


   1   groups as determined by an employee of the FBI.

   2            5.  Government's Exhibits 1165 and 1166 are an

   3   acetylene and oxygen cylinder, respectively.  They were

   4   purchased from a hardware store in Dar es Salaam, Tanzania, in

   5   1998 by an FBI agent as exemplars to be used for comparison

   6   purposes.

   7            Your Honor, at this time we offer Government's

   8   Exhibit 56, the stipulation, and the exhibits mentioned

   9   therein.

  10            THE COURT:  Received.

  11            (Government's Exhibits 1110 through 1126, 1110P

  12   through 1126P, 1130 through 1144, 1130P through 1144P, 1146

  13   through 1166 received in evidence)

  14    LEO WEST,

  15        called as a witness by the government,

  16        having been duly sworn, testified as follows:

  17            (Continued on next page)











   2   BY MR. KARAS:

   3   Q   You work with the FBI, sir?

   4   A   Yes, I do.

   5   Q   What do you do for the FBI?

   6   A   My position is that of a supervisory special agent in the

   7   laboratory division, and my particular assignment is as an

   8   explosives and hazardous device examiner.

   9   Q   Can you tell us the training you received to become an

  10   examiner?

  11   A   Yes.  The training involved a period of what we call an

  12   apprenticeship or internship in the unit, wherein you would

  13   work with senior qualified examiners learning the various

  14   technical and theoretical aspects about explosives, explosive

  15   devices, explosives manufacturing, device composition,

  16   component identification, and various other aspects of the

  17   position.

  18            During that period of training you would be involved

  19   in making examinations of various devices and components,

  20   learning how to operate various pieces of equipment that are

  21   used to assist in the examination of those components, writing

  22   reports to the contributors of the components that explains

  23   the examinations and findings of your examinations.  Also

  24   involved in the training period was a number of visits to

  25   explosive manufacturers to study the processes of


   1   manufacturing explosives.

   2            If possible we also would try to go to various

   3   bombing crime scenes to have hands-on training at the scene in

   4   terms of learning about how the bombs function, assisting in

   5   the processing of the crime scene, collecting evidence from

   6   the crime scene, and even conducting field examinations of the

   7   evidence that was found at these crime scenes.

   8   Q   Can you tell us about your formal education.

   9   A   My formal education consists of some background in

  10   forensic science and also in public administration.  Most

  11   recently, I graduated from the George Washington University

  12   with a master's in forensic science, and previously I had

  13   attended Indiana University, where I had earned a bachelor's

  14   degree in forensic studies and master's degree in public

  15   administration.

  16   Q   Have you attended seminars and conferences in the field of

  17   forensics?

  18   A   Yes, I have.

  19   Q   You mentioned that you had been to crime scenes.  Can you

  20   tell us approximately how many bombing crime scenes you have

  21   participated in in investigating?

  22   A   If I were to include our training seminars as well as

  23   actual bombing crime scenes involving criminal activity, I

  24   would venture probably in the neighborhood of 150 over the

  25   course of my career.


   1   Q   Among those 150 crime scenes, did some of them involve

   2   suspected vehicle bombs?

   3   A   Yes, a number of them did.

   4   Q   Can you give us some examples?

   5   A   Most recently, in 1993 I was involved in the investigation

   6   of the World Trade Center here in New York, and again in 1995

   7   I was assigned to a similar crime scene in Riyadh, Saudi

   8   Arabia.  That involved the bombing of the office of personnel

   9   management of the Saudi Arabian National Guard.  Also in 1995

  10   I had worked at the Oklahoma City bombing crime scene in the

  11   spring of '95.  In 1996 I had been involved in the

  12   investigation of the TWA 800.

  13   Q   If I could stop you there, Agent West, were you dispatched

  14   to Dar es Salaam to investigate the bombing of the American

  15   Embassy in that city?

  16   A   Yes, I was.

  17   Q   When was it that you arrived in Dar es Salaam?

  18   A   I arrived on Sunday, August 9 of 1998.

  19   Q   What was your particular role in arriving in Dar es

  20   Salaam?

  21   A   My role was to serve as the coordinator or leader of the

  22   FBI forensic team, and specifically with a mind to

  23   coordinating the collection of evidence and managing the

  24   bombing crime scene.

  25   Q   Can you tell us about the first evidence collection


   1   efforts you made on August 9?

   2   A   Yes.  After we arrived and were taken through the initial

   3   processing there at the airport in Dar es Salaam, we proceeded

   4   directly to the embassy and arrived there in late afternoon on

   5   Sunday, the 9th.  At that time, due to the fact that it was

   6   rather late in the day and we knew that we had just a short

   7   amount of daylight left, we made a conscious decision to take

   8   care of some, what we considered priority issues first, most

   9   importantly of which was to collect residue samples of what we

  10   hoped to find in terms of explosive residues.  In addition to

  11   that, we took some measurements of the size of the crater left

  12   by the bomb.  We also did some very preliminary survey of the

  13   immediate surroundings of the bomb scene.

  14   Q   The next day did you conduct a site survey of the area?

  15   A   Yes, we did.  The following morning we had come to the

  16   crime scene and set about what we consider a methodical site

  17   survey, wherein we walk around the area of the bomb blast to

  18   try to determine the extent of the damage and the distances

  19   wherein evidence might have traveled, that is, fragments of

  20   the device or fragments of the vehicle that carried the

  21   device.

  22            As we walked that area and assessed the damage and

  23   the pattern of evidence collection, we would gradually work

  24   our way back in towards the actual immediate area of the bomb

  25   blast, and then do a thorough review or assessment of the


   1   damage to the embassy and the immediate buildings surrounding

   2   the embassy.

   3   Q   Did you make any observations about the damage to

   4   buildings as you worked farther from the embassy?

   5   A   Yes, we did.

   6   Q   What were those observations?

   7   A   As you moved further and further away from the crater or

   8   what we would call the site of the blast, you saw a lessening

   9   amount of damage, and this is something that we know from our

  10   experience is a natural occurrence in bombing cases.

  11   Q   What kind of damage did you see to the buildings

  12   surrounding the embassy?

  13   A   To the buildings most immediately close to the embassy, we

  14   saw varying degrees of serious damage to the roof areas, quite

  15   a bit of glass breakage, some cracked walls.  Depending upon

  16   the distance from the bomb crater, again we would see a lesser

  17   amount, in relative terms.

  18   Q   Did you walk around and make any observations about the

  19   exterior of the American Embassy?

  20   A   Yes.  To the embassy itself it was apparent that the

  21   greatest damage was to the east side or east wall, which would

  22   be the side closest to and facing the site of the blast.  In

  23   parts along the annex area of that embassy there was almost

  24   total destruction, severe damage to the support structure, the

  25   flooring, the roof area, the walls, and so on.


   1            Turning the corner on to the north side of the

   2   embassy, we started to see a lessening amount, still heavy

   3   damage, severe damage, but a lessening amount as we moved

   4   further along the north wall away from the site of the blast.

   5            On the opposite sides -- that would be the south wall

   6   or south side of the embassy and the west side of the

   7   embassy -- we saw, again, much less damage.  For instance, we

   8   saw no stripes from the fragments of the bomb or damage to the

   9   vehicle.  The damage on those two sides consisted primarily of

  10   glass breakage and some cracked walls, some unhinged windows

  11   or doors, and so on.  But again, as we observed from the other

  12   side, the further away from the center of the blast or site of

  13   the blast, the lesser amount of damage.

  14   Q   With respect to the damage to the east side of the embassy

  15   that faced Laibon Road, what particular damage did you see to

  16   the structure of the embassy?

  17   A   As I mentioned, that was the area of most severe damage.

  18   The area that is considered the annex, which again would be

  19   that area closest to the crater, was virtually destroyed.  The

  20   walls had been blown in, supporting beams had been cracked and

  21   broken open.  There were numerous objects that had been thrown

  22   into that area, that is, into those rooms from the blast,

  23   vehicle parts, truck parts and so on, what we would consider

  24   total destruction.

  25   Q   Did you have a chance to walk through the inside of the


   1   embassy?

   2   A   Yes, I did.

   3   Q   What kind of damage did you see to the interior of the

   4   embassy?

   5   A   Again, if we were to consider it as a pattern, what we

   6   would see on those outermost walls on the east side facing the

   7   blast and also on the north side, those outermost rooms would

   8   have had very severe damage.

   9            In the chancery, or the older part of the embassy, we

  10   saw, again, a great deal of broken glass, cracked walls, doors

  11   were unhinged.  We have, as may have been explained, cement

  12   window louvers that lined that front wall.  A number of those

  13   had been broken and cracked.  Then as we moved away from that

  14   and walked down the north corridor, that is, along the north

  15   wall, we saw a similar set of circumstances, wherein those

  16   that were closest to what we call the northeast corner again

  17   suffered very heavy damage.  Ceiling tiles had fallen in,

  18   cracked windows, cracked walls, furniture overturned, much the

  19   same as along that east wall, that front wall of the embassy.

  20            As we went further back away from the outermost

  21   walls, that is, what you would consider more interior areas of

  22   the embassy, then that type of damage lessened.  We found

  23   still a fair amount of overpressure damage wherein the blast

  24   effect known as the pressure wave had broken glass and

  25   unhinged doors, knocked some things off the walls, blown


   1   things off of desks and so on.  We didn't see the heavy damage

   2   from fragmentation and the heat and some of the other effects

   3   of the blast we saw in those outermost walls.

   4            As you moved to the furthermost corner, what you

   5   would consider the southwest corner of the embassy, then we

   6   had really a much milder damage, again consisting of this

   7   overpressure with some broken windows and ceiling tiles that

   8   had fallen down and so on.

   9            So it's a typical phenomenon we see where the further

  10   away from the blast you move the less damage you would see.

  11   Q   If we could display Government's Exhibit 1102.

  12            Agent West, you described earlier a plan to recover

  13   evidence.  Can you tell us a little bit more about the plan

  14   you devised to recover evidence near the American Embassy in

  15   Dar es Salaam.

  16   A   What we had devised in terms of a plan was one that we

  17   typically use in such large-scale bombing matters, by

  18   assigning certain grids, or sections to be searched to our

  19   search teams.  Fortunately, we had three experienced search

  20   teams that were provided to us from our Dallas, New York and

  21   Boston field offices.  These teams, I knew from personal

  22   experience of having worked with them, had been to bombing

  23   scenes such as Oklahoma City, the World Trade Center, Saudi

  24   Arabia and so on, and I knew that they had not only the

  25   training but the actual experience at working crime scenes,


   1   and knew what to look for.

   2            So what we had done was made a decision to start at

   3   the outermost areas where we found evidence, and during that

   4   first day of site surveys and so on, we determined that we had

   5   evidence out as far as 600 yards from the embassy.

   6            So we had some maps made up and took and made

   7   boundaries such as you see here displayed, and gradually

   8   started at that outermost edge, that 600 yard demarcation, and

   9   worked our way in in a systematic fashion, with each of the

  10   three evidence response teams assigned to a particular area,

  11   and over the course of successive days we would gradually

  12   close those areas off as they had been searched and worked to

  13   reduce our search area.

  14   Q   Agent West, 1102, is that a diagram of the site of the

  15   American Embassy?

  16   A   Yes, it is.

  17   Q   While you were recovering evidence from the outside of the

  18   perimeter working in, did you also make efforts to recover

  19   evidence from within and immediately around the bomb crater?

  20   A   Yes, we did.  Again, we had enough personnel that we were

  21   able to do several things at once, and we assigned a small

  22   team of several experienced bomb technicians to work at the

  23   crater itself and begin excavating that crater and looking for

  24   evidence that would have been found in the immediate vicinity

  25   where the bomb went off.


   1   Q   If we could display 1103M, as in Mary.

   2            Can you tell us what 1103M is, Agent West.

   3   A   Yes.  That's a photograph that depicts the bomb crater

   4   itself and the view looking at the annex and marine -- I

   5   shouldn't say marine, excuse me -- the guardhouse at the north

   6   driveway entrance to the embassy.

   7   Q   Can you tell us what criteria you were using to select the

   8   pieces of evidence you were going to take back home?

   9   A   Yes.  The criteria is to differentiate between fragments

  10   or objects that are found which exhibit little or minor

  11   explosive damage as compared to those which exhibit a greater

  12   amount of explosive damage, and certain signature features

  13   that we recognize as showing that this particular piece or

  14   fragment had been in close proximity to or actually part of

  15   the device.  That really was our primary criteria.  Because of

  16   the scale of the scene and the quantities of fragments and

  17   debris throughout that large search area, we knew that we had

  18   to stick with just the more relevant pieces that had been at

  19   close proximity or part of the device.

  20   Q   Agent West, did you have a chance to analyze the pieces

  21   that were selected back in the laboratory in Washington, D.C.?

  22   A   Yes, I did.

  23            MR. KARAS:  Your Honor, may Agent West step down from

  24   the witness stand?

  25            THE COURT:  Yes, go ahead.


   1   Q   Agent West, would you step down, please.

   2            Sir, if you could start with the big metal piece here

   3   that is marked as Government's Exhibit 1124.  Can you tell us

   4   what that piece is?

   5   A   This piece is a fragment of the gate that had been

   6   parting, or blocking the northern driveway.  Frankly, we are

   7   not sure which part, whether it was a top piece or bottom

   8   piece.  However, it is definitely from the gate area and had

   9   been found approximately 600 feet away from the blast site in

  10   the roof of a building to the north of the embassy.

  11   Q   Agent West, are you familiar with the term high explosive?

  12   A   Yes, I am.

  13   Q   Can you tell us what kind of evidence there is of high

  14   explosives in items that are in the middle of a high explosive

  15   when it is detonated?

  16   A   Yes.  There are certain characteristics that are common to

  17   objects that are in close proximity to a high explosive when

  18   it detonates, and some of these characteristics are called

  19   pitting and cratering.  Many times there will be a thinning

  20   and shredding of metal.  It will often form a knife-like edge.

  21   This is all due to the amount of energy and pressure that is

  22   imparted on the object at the time that the bomb goes off.

  23            For instance, on this piece you can see a number of

  24   what we would call pits or craters.  This is very typical as

  25   far as damage caused by a high explosive.  The curling and


   1   rolling of metal, in addition to the tearing of metal, is also

   2   very common.  A number of these explosives are designed

   3   specifically for a shattering and a tearing.  They are used in

   4   demolition work and so on, and so they often exhibit this type

   5   of pattern on metal objects.

   6   Q   Thank you.  If you want to place that down.

   7            Did you also collect vehicle pieces in the vicinity

   8   of the embassy?

   9   A   Yes, we did.

  10   Q   Are some of those pieces before you here?

  11   A   Yes, they are.

  12   Q   If we could start with a piece on your right, I believe

  13   1126?

  14   A   Yes.

  15   Q   Can you tell us about the damage to that piece.

  16   A   Yes.  This is a portion of the left rear axle housing.

  17   The axle itself is contained within this.  This is merely the

  18   housing.  This would be the top side or view of this housing,

  19   and this would be part of what is called the banjo area.  That

  20   is kind of a round circular area in the middle between the

  21   left and the right side of the axle housing.

  22            In terms of the type of damage, as you asked, what we

  23   can show here, of course, is, you know, severe twisting and

  24   bending of the metal.  You can see the sharp knife-like edges

  25   and the tearing in particular here along the surface area, and


   1   you can see how the explosive force had flattened what was

   2   once more a cylindrical shape.  We can see how it has been

   3   flattened and pushed downward as the explosives pushed down on

   4   the piece, if you can see it from the side view.

   5   Q   What does this tell you where the bomb was in connection

   6   with that rear axle?

   7   A   What that indicates is that the explosives were above the

   8   axle because the explosives were pushing the detonation in a

   9   downward motion.

  10   Q   Where was that piece found in the vicinity of the embassy?

  11   A   This particular piece was found across the road --

  12   according to our tag here, this was found in the area near 33

  13   Laibon Road, which would be directly across and somewhat to

  14   the north.  This is 33 Laibon Road, and this piece was found

  15   in the vicinity of the residence here.

  16   Q   You are referring to the model that is marked as

  17   Government's Exhibit 1100?

  18   A   Yes.

  19   Q   Do you see a crankshaft on the table?

  20   A   Yes.  Actually, two fragments.

  21   Q   Can you tell us what exhibits those are, please.

  22   A   The larger of the two is Exhibit 1122, and that is a

  23   portion of the engine crankshaft.  The smaller of the two is

  24   Exhibit 1123, also a portion of the crankshaft.

  25   Q   What can you tell us about the damage to those two pieces?


   1   A   Again, what we see is fairly typical of metal that has

   2   been in close proximity to an explosive device, in particular

   3   a large quantity of high explosives where you've got very

   4   sturdy metal objects that are severely deformed and bent.  We

   5   see a cracking and shearing of pistons, which again is

   6   something that is indicative of close proximity to an

   7   explosive force.  The smaller of the pieces, I think, very

   8   easily illustrates that.  You see how the arm is bent on that.

   9            So is there is evidence of extreme force being

  10   applied here.

  11   Q   The crankshaft, is that in the front part or the rear part

  12   of the vehicle?

  13   A   That would be at the front of the vehicle within the

  14   engine block.

  15   Q   Using the model, can you tell us where those pieces were

  16   found?

  17   A   These two pieces were found in the area to the south of

  18   the crater.  One was found a shorter distance away than the

  19   other.  Frankly, I would have to look to see exactly what the

  20   distances were, but the pieces, as I say, were both found to

  21   the south side of the crater.

  22   Q   Do you see what looks like any wheel rims on the tables?

  23   A   Yes.

  24   Q   Do you want to pick one out, please.

  25   A   I'll take the light one.


   1   Q   For the record, what exhibit number is that?

   2   A   This one is 1119.

   3   Q   What can you tell us about the damage to that piece?

   4   A   Again, we see evidence of severe force and ripping and

   5   tearing being applied to it.  As you can imagine, the wheel

   6   has been severely deformed.  We've got pitting and cratering

   7   here.  You've also got thing and shred shredding of the metal,

   8   some knife-like edges.  Severe deformation, which again is

   9   typical of exposure to a high explosive blast.

  10   Q   Did you make any efforts to identify what type of vehicle

  11   was comprised of these parts?

  12   A   Yes, we did.

  13   Q   What did you do?

  14   A   Fortunately, one of the pieces that we found, a key piece,

  15   was a section of the right front frame rail, and within this

  16   right front frame rail we have the vehicle identification

  17   number, and the vehicle identification number allowed us to

  18   actually determine the specific make and model of the vehicle,

  19   which we determined to be a 1987 Nissan Atlas.  Upon getting

  20   that information we then were able to make contact with the

  21   Nissan Corporation and ask for assistance of some of their

  22   engineers to help us review the various pieces we collected

  23   and determine what was from a Nissan Atlas and what was not.

  24   Q   For the record, you are holding Government's Exhibit 1116?

  25   A   Yes.


   1   Q   Now, with respect to the pieces that you've described can

   2   you tell us whether or not those pieces were consistent with

   3   being part of the bomb delivery vehicle?

   4   A   Yes, they are.  They exhibit the type of damage which was,

   5   again, based on our training and experience, indicate that

   6   they were in close proximity to or actually carried the

   7   device.

   8            MR. KARAS:  Thank you, Agent West.  If you'd like to

   9   resume the witness stand.

  10            (Witness resumed stand)

  11   Q   Were there any representatives of Nissan that came to

  12   review the pieces that you had found from the crime scene in

  13   Dar es Salaam?

  14   A   Yes, there were.

  15   Q   And were they able to identify parts that they felt were

  16   from a Nissan vehicle?

  17   A   Yes, they did.

  18   Q   And what did you do after they identified the parts as

  19   being from a Nissan vehicle?

  20   A   Well, once we were able to determine what had come from a

  21   Nissan vehicle and in particular what was consistent with or

  22   unique to a Nissan Atlas, we assembled these pieces in what we

  23   felt was the relative position they would have been in had

  24   they been part of an actual vehicle, in other words, to form

  25   sort of a skeletal structure of the various parts.


   1            And at that point then we were able to photograph and

   2   actually document where these pieces were located on that

   3   vehicle, or where they should have been located on that

   4   vehicle.

   5   Q   I'd like to display to the witness and to counsel only

   6   exhibit 1175A.

   7            Agent West, can you tell us what 1175A is?

   8   A   Yes, 1175A is a photograph that was taken of this

   9   reconstruction or skeletal view of the parts, and the parts

  10   are placed in their approximate position as they would be

  11   originally found on a Nissan Atlas.

  12            MR. KARAS:  At this time, your Honor, we offer

  13   Government Exhibit 1175A.

  14            THE COURT:  Received.

  15            (Government's Exhibit 1175A received in evidence)

  16   Q   On which side of this picture, the left or the right, are

  17   the pieces that belong to the front part of the vehicle?

  18   A   Looking at the photograph the left side where the majority

  19   of pieces are represents the front engine compartment and cab

  20   area of the Atlas.  The right-hand side would be the rear

  21   portion of the Atlas.

  22   Q   Now, in addition to reviewing vehicle parts, did you also

  23   analyze metal fragments?

  24   A   Yes, we did.

  25   Q   And in particular can you tell us whether or not you


   1   identified any fragments that belonged to cylinders?

   2   A   Yes, we found a number of those.

   3   Q   Based on your review of those pieces what, if anything,

   4   can you tell us about the relationship between those pieces

   5   and the bomb?

   6   A   From our examination of the various cylinder fragments we

   7   were able to determine that those cylinders had been either in

   8   close proximity to or actually part of the bomb.

   9   Q   And are those pieces sitting at the end of the table

  10   closest to you, Agent West?

  11   A   Yes, there's a representative sample facing me on the

  12   table.

  13   Q   Now, based on your site survey and your review of the

  14   pieces found at the vicinity of embassy, did you reach any

  15   conclusions about the nature of the explosion in front of the

  16   American Embassy?

  17   A   Yes.  In terms of describing the explosion we determined

  18   and I was able to say that it was a large quantity of high

  19   explosives that had been carried and/or concealed within a

  20   Nissan Atlas truck.

  21            Furthermore, incorporated into that explosive device

  22   were a quantity of both high pressure and low pressure gas

  23   cylinders which may or my not have contained some of the

  24   explosives.

  25   Q   If we could display Government Exhibit 1101, please.


   1            Based on where some of the vehicle pieces were found

   2   and the damage to those pieces do you have a conclusion about

   3   the general orientation of the bomb delivery vehicle?

   4   A   Yes, I do.  Given the location of these pieces and the

   5   fact that most of the front end pieces are what we consider

   6   like the right front frame section with the vin number, the

   7   engine block, the crankshaft and other engine area or front

   8   end pieces being located to the south of the embassy, and the

   9   rear pieces, such as the rear axle housings and some of the

  10   rear wheels being found to the north of the embassy, it was

  11   fair for us to say that the vehicle had been placed in a

  12   southbound or southwesterly attitude toward the embassy.  That

  13   is, at the northern driveway gate.

  14   Q   Agent West, I believe there is a pen-like object there.

  15   If you can draw an arrow as to generally which direction the

  16   front part of the truck was facing?

  17   A   In general terms given the location of the evidence and

  18   where it was recovered the truck would have been -- try and

  19   draw it on here this way -- the truck would have been facing

  20   somewhat southbound.  Is that copying?

  21            MR. KARAS:  That's fine.  That's okay.  May I

  22   approach the witness, your Honor?

  23            THE COURT:  Yes.

  24   Q   Agent West, I've placed before you Government Exhibits,

  25   what has been marked for identification as exhibit 1305 and


   1   1355.  Can you tell us what those are?

   2   A   Yes, these are the remains of two electric detonators or

   3   electric blasting caps that we had examined in the laboratory

   4   following their recovery at some search sites in the Dar es

   5   Salaam area.

   6   Q   Just so we're clear, these are not detonation devices from

   7   the crime scene?

   8   A   That's correct.

   9            MR. KARAS:  I have no further questions.

  10            MR. RUHNKE:  No questions, your Honor.

  11            MR. BAUGH:  No questions.

  12            THE COURT:  Mr. Ricco, on behalf of the defendant

  13   Odeh.


  15   BY MR. RICCO:

  16   Q   Can we have placed on the screen Government Exhibit 1102,

  17   please.

  18            Good afternoon, Agent West.

  19   A   Hello.

  20   Q   I notice in 1102 you indicated that there was a perimeter

  21   drawn here and that you have successive circles drawn; is that

  22   correct?

  23   A   That's correct.

  24   Q   At the center is the point of detonation?

  25   A   Yes.


   1   Q   The reason that you have the circular effect is because

   2   the shock waves from the explosion expand outward at 360

   3   degree direction, isn't that correct?

   4   A   Not particularly.  We do know that the shock wave does

   5   radiate in a 360 degree direction, but we chose the circular

   6   method because of the nature of the terrain.  We felt that

   7   that type of a search pattern working in a circular fashion

   8   and gradually moving in would be better than say a grid

   9   pattern, a rectangular or square grid pattern.  That's how

  10   that was chosen.

  11   Q   I'd like to take a step back.

  12            First, the shock wave of the explosion after

  13   detonation travels at 360 degrees, isn't that correct?

  14   A   Yes.

  15   Q   All right.  And you went to the outside of the perimeter

  16   and then worked your way in, correct?

  17   A   Yes.

  18            MR. RICCO:  All right.  Now, can you please come down

  19   to Government Exhibit 1100 with the Court's permission?

  20            THE COURT:  Yes.

  21            (Witness left stand)

  22            MR. RICCO:  Judge, I'll try to do it without the hand

  23   held mic.

  24   Q   Agent West, if you can go over to the diagram that would

  25   be most helpful.


   1            Can we have 103R placed on the screen.

   2            Now, 1103R is a building that was to the north of the

   3   embassy and that's indicated on this diagram by this

   4   structure?

   5   A   Actually, it was more easterly than north.

   6   Q   Okay.  All right.  But that building that we see in that

   7   photograph is indicated by this object here.

   8   A   Yes.

   9   Q   Okay.  Now, you said to us that you found the axle, the

  10   rear axle in that yard?

  11   A   One of the axle fragments I believe was found in that

  12   yard.

  13   Q   Can you just point to the jury so they can see on that

  14   diagram where that area is again?

  15   A   The general area as I was informed was this area here

  16   (indicating).

  17   Q   And then you told us that one of the crank shafts to the

  18   vehicle was found in a southern direction further down the

  19   street on Laibon Street?

  20   A   Correct.

  21   Q   Can you point to the jury so they can see on the diagram

  22   where that was found?

  23   A   Well, not knowing the exact distances I know that one was

  24   found down near the Marine guard post southbound, and another

  25   was found somewhat closer, but both were in a southerly


   1   direction.

   2   Q   Okay.  Now, is it fair to say that parts were found in a

   3   360 degree angle from the point of detonation?

   4   A   Yes.

   5   Q   And damage was caused in a 360 degree angle from the point

   6   of detonation, isn't that correct?

   7   A   Yes.

   8   Q   Now, when the bomb detonates there is a term called

   9   fragment velocity, isn't that correct?

  10   A   I'm not familiar with that specific term.

  11   Q   But certainly the pressure of the bomb has velocity?

  12   A   Yes.

  13   Q   The energy has velocity?

  14   A   Yes.

  15   Q   And that energy in high explosives is at a very height

  16   rate of feet per second, isn't that correct?

  17   A   Yes.

  18   Q   That can be from three thousand to 11 thousand feet per

  19   second with high explosives, isn't that correct?

  20   A   Actually, it be even faster than eleven thousand feet per

  21   second.

  22   Q   Just so the jury gets a sense, energy that moves at that

  23   high rate of speed will take metal like this, heavy metal like

  24   this axle, twist it, churn it, flatten it or blow it right out

  25   of its way, isn't that correct?


   1   A   Yes.

   2   Q   If there is a human who's seated in that truck when a high

   3   explosive of this nature explodes, that human body would

   4   probably be totally destroyed by the force of the energy from

   5   detonation, isn't that correct?

   6   A   That's very possible.

   7   Q   Now, the parts that you were able to recover here are

   8   heavy parts primarily from the chassis and the engine, isn't

   9   that correct?

  10   A   Yes.

  11   Q   Were you able --

  12            THE COURT:  Can the witness resume the stand?

  13            MR. RICCO:  Yes, he can, your Honor.

  14            (Witness resumed stand)

  15   Q   Were you able to recover any of the parts of the Nissan

  16   that related to, let's say, its outside shell, that is the

  17   mouldings or the fenders of the vehicle?

  18   A   We found what we believe to be two segments or fragments

  19   of door, both fragments of the right door and the left door.

  20   Q   Is it safe to say that most of the outer shell of the

  21   vehicle was destroyed by the energy effect of the bomb?

  22   A   That's possible.  It may be that it was so small that we

  23   just didn't find it.

  24   Q   And so what was once a solid piece of metal, would have

  25   been reduced down to very small pieces for the outer shell,


   1   isn't that correct?

   2   A   That would be the case, yes.

   3   Q   And that stays true given the level of damage to the more

   4   heavier pieces of the vehicle, isn't that right?

   5   A   Yes, that would follow.

   6            MR. RICCO:  Your Honor, I have no further questions

   7   of Agent West.  Thank you very much.

   8            THE COURT:  Anything further of this witness?

   9            MR. KARAS:  No, your Honor.

  10            THE COURT:  Thank you.  You may step down.

  11            (Witness excused)

  12            THE COURT:  We've got five minutes.  Anything else?

  13            MR. KARAS:  No.

  14            THE COURT:  All right, ladies and gentlemen, let's

  15   just review.  Tomorrow full day, Thursday when we break for

  16   lunch we'll break for the day, and then we'll resume on

  17   Monday.  You have a good evening.

  18            (Continued on next page)









   1            (Jury not present)

   2            THE COURT:  What is the schedule for tomorrow?

   3            MR. KARAS:  Your Honor, the next witness is the

   4   Nissan representative who will briefly describe the parts.

   5   Then there will be about ten or 11 Tanzanian witnesses who

   6   will testify.  And then we'll follow that, if we get to it,

   7   with some search agents, and then after that we will get to

   8   some lab experts.

   9            THE COURT:  All right.  You wanted to see me with

  10   something off the record?

  11            MR. BAUGH:  No, your Honor, it's been resolved.

  12   Thank you.

  13            THE COURT:  It's been resolved.

  14            MR. BAUGH:  Yes, it has.

  15            THE COURT:  All right.  Then we're adjourned until

  16   tomorrow.

  17            MR. RICCO:  Your Honor, we had to put something on

  18   ex-parte.  It will take two seconds.

  19            (Page 2565 sealed)

  20            (Trial adjourned to 10 a.m., Wednesday, March 14,

  21   2001)







   2                        INDEX OF EXAMINATION

   3   Witness                    D      X      RD     RX

   4   MICHAEL ANTICEV............2420

   5   MICHELLE MARIE CARR........2429

   6   SUSAN MARIE MITCHELL.......2434   2441    2443    2444

   7   MITCHELL L. HOLLARS........2444   2458    2466    2467

   8                                             2468    2469

   9   KELLY MOUNT................2470   2482    2492    2493

  10   JOHN E. LANGE..............2500

  11   JUSTINA MBODILU............2520



  14   LEO WEST....................2538   2558













   1                        GOVERNMENT EXHIBITS

   2   Exhibit No.                                     Received

   3    901 through 929 ............................2423

   4    969, 971, 973, 975, 977, 979 and 981 .......2432

   5    992A and B .................................2434

   6    962, 963, 964, 966, 967, 968 and 976 .......2436

   7    960C .......................................2437

   8    982 and 986 ................................2438

   9    983, 987 and 989 ...........................2440

  10    991A and B .................................2440

  11    931, 994, 789, 697, 584 and 711 ............2449

  12    913-LP .....................................2452

  13    696LP ......................................2458

  14    844, 787, 788, 956, 993 and 571 ............2480

  15    41 and 813 .................................2494

  16    40 .........................................2495

  17    42 .........................................2496

  18    53, 84, 1103A through 1103U, 1100,

  19    1101, 1102, 1104A through 1104H,

  20    1105A through 1105B.......................  2500

  21    1170 .......................................2534

  22    1110 through 1126, 1110P through 1126P,

  23    1130 through 1144, 1130P through 1144P,

  24   1146 through 1166........................... 2538

  25    1175A ......................................2555

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